Doe v. Quiring

2004 SD 101, 686 N.W.2d 918, 2004 S.D. LEXIS 168
CourtSouth Dakota Supreme Court
DecidedSeptember 1, 2004
DocketNone
StatusPublished
Cited by3 cases

This text of 2004 SD 101 (Doe v. Quiring) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Quiring, 2004 SD 101, 686 N.W.2d 918, 2004 S.D. LEXIS 168 (S.D. 2004).

Opinions

ZINTER, Justice.

[¶ 1.] Jane Doe (Applicant), an incest victim, sought a writ of prohibition to prevent the listing of incest offenders and their offenses on the State’s Sex Offender Registry in Minnehaha County. Applicant contended that because the offense of incest involves familial relationships, the listing would violate a statutory prohibition against the release of “identifying information” regarding victims. The trial court [919]*919denied the writ, concluding that the listing did not constitute identifying information. We affirm.

Pacts and Procedural History

[¶2.] The South Dakota Legislature first enacted a sex offender registration law in 1994. See SDCL 22-22-30 et seq.; Meinders v. Weber, 2000 SD 2, ¶ 6, 604 N.W.2d 248, 262. However, no public access to the Registry was permitted until a “series of well-publicized tragedies illustrated the futility of sex offender registration without attendant public notification.” Id. at ¶ 7. As a result of those tragedies, both Congress and the states began enacting legislation (often balled “Megan’s Law”) that required community notification. Id. South Dakota amended its law in 1995 “to include a public access provision.” Id. at ¶ 8. That amendment, codified in SDCL 22-22-40, is the focus of this litigation. It made the Registry a “public record,” but prohibited the release of “names or any identifying information regarding the victim.” This case presents the question whether the provision protecting victim identifying information precludes public access to the name and type of crime committed when the case involves an “incest” offender.

[¶ 3.] Under the South Dakota framework, all convicted sex offenders are required to “register with the chief of police of the municipality ... or, if no chief of police exists, then with the sheriff of the county.” SDCL 22-22-31. Pursuant to this statute, Clark Quiring, Chief of Police for the City of Sioux Falls, and Mike Mil-stead, Sheriff in Minnehaha County, jointly maintain the Registry in that county.

[¶ 4.] The Registry is maintained in two forms. Neither form discloses the victim’s name, initials, date of birth or the familial relationship between the offender and the victim. The first is a non-computerized, physical document. That document contains the offender’s name, sex, date of birth, address, criminal offense, date of conviction, and the location of the conviction. It does not include the offender’s picture. In order for members of the public to access this document, they must go to the Public Safety Building and request to view it.

[¶ 5.] The second form is maintained electronically in a computer accessible format. That Registry is viewable on the internet through a City of Sioux Falls website. It includes photographs of offenders as well as each offender’s address, date of birth, sex, race, height, weight, eye color, hair color, criminal offense, date of conviction, and the state and county of the conviction. Although the physical document can only be viewed by visiting the Public Safety Building, the computerized format can be viewed in “[l]ess than five minutes” on the internet. The evidence reflects that when a similar system first became available in Pennington County, that website received 4000 “hits” per day.

[¶ 6.] Applicant was the victim of incest committed by her father when she was less than 21 years old. The offense occurred in Minnehaha County, and both the Applicant and the offender still reside there. The parties stipulated that Applicant’s father was convicted of “the crime of incest ” and that he “had multiple family members” within the class of potential incest victims. They further stipulated that the charging document, which is not a part of the Registry, is a part of a public court file that is available for public inspection. That public document includes Applicant’s true name printed in its entirety.

[¶ 7.] Prior to the circuit court’s temporary injunction, the Minnehaha County Registry included six incest offenders. Four different familial relationships were involved for those offenders. However, the Registry did not disclose any victims’ [920]*920name, initials, date of birth, or familial relationship. Moreover, in each case, there were at least two individuals who were within the class of potential victims.

Analysis and Decision

[¶ 8.] This appeal raises a question of law concerning the construction of SDCL 22-22-40. We review matters of statutory construction de novo. In re West River Elec. Ass’n, Inc., 2004 SD 11, ¶ 14, 675 N.W.2d 222, 226 (citations omitted).

[¶ 9.] We begin our analysis by reviewing the historical evolution of the Registry. In 1994, the Legislature enacted SDCL 22-22-30, which defines the sex crimes for which registration is required. In defining those crimes, the Legislature chose to specifically denominate “incest” as one of the crimes triggering registration. The statute defines this crime as “[ijncest as set forth in § 22-22-19.1 if committed by an adult.” Id. (Emphasis added.) Therefore, adults who are convicted of “incest as set forth in SDCL 22-22-19.1” are required to register.

[¶ 10.] However, the information required to be provided by the offender under this initial legislation was limited, and the type of sex crime was not included. The initial registration statute only required filing the offender’s:

1. Name and all aliases used;
2. Complete, description, photographs, and fingerprints; and,
• 3. Residence, length of time at that residence, and length of time expected to remain at that residence.

SDCL 22-22-32 (1994). There was also no provision in the initial legislation requiring any public disclosure of this Registry information.

[¶ 11.] However, in 1995, the Legislature took the first of two steps to require public disclosure of the offender’s Registry information. Meinders, 2000 SD 2, ¶ 8, 604 N.W.2d at 252. The 1995 amendment first made “registration records collected by local law enforcement agencies, [ ] registration lists provided to local law enforcement [,] ” and records kept by state agencies “public records.” SDCL 22-22-40 (emphasis added). At the same time, the 1995 legislation protected “identifying information regarding the victim.” Id.1

[¶ 12.] The 1995 amendment defined the scope of the information that must be released to the public. It did so by referring to a general public records act codified in SDCL ch 1-27.

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Related

Klein v. Sanford USD Medical Center
2015 SD 95 (South Dakota Supreme Court, 2015)
State Auto Insurance Companies v. B.N.C.
2005 SD 89 (South Dakota Supreme Court, 2005)
Doe v. Quiring
2004 SD 101 (South Dakota Supreme Court, 2004)

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Bluebook (online)
2004 SD 101, 686 N.W.2d 918, 2004 S.D. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-quiring-sd-2004.