In Re Juveniles A, B, C, D, E

847 P.2d 455, 121 Wash. 2d 80, 1993 Wash. LEXIS 75
CourtWashington Supreme Court
DecidedMarch 11, 1993
Docket58364-1
StatusPublished
Cited by66 cases

This text of 847 P.2d 455 (In Re Juveniles A, B, C, D, E) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Juveniles A, B, C, D, E, 847 P.2d 455, 121 Wash. 2d 80, 1993 Wash. LEXIS 75 (Wash. 1993).

Opinions

Durham, J.

Five juveniles were found to have committed various sexual offenses under RCW 9A.44. Relying upon RCW 70.24.340(l)(a), which provides for mandatory AIDS testing of convicted sexual offenders, the Whatcom County [85]*85commissioner ordered the juveniles to submit to an HIV test. In a direct appeal, the juveniles challenge the applicability and constitutionality of this statute. We affirm the commissioner's ruling.

All of the sexual offenses were committed in Whatcom County. Juvenile "A", a 14-year-old male, was charged with the crime of indecent liberties, RCW 9A.44.100(1). Following a fact-finding hearing, the judge pro tempore found that on or about June 30, 1988, "A" had sexual contact with a younger boy through forcible compulsion. Specifically, "A" held the younger boy down and "used butter" to "sodomizeQ" him.

Juvenile "B", a 14-year-old boy, was charged with first degree child molestation, RCW 9A.44.083, which occurred on July 15,1988. "B" pleaded guilty to this charge, stating that he "kissed [a 4-year-old girl] on her breast and layed [sic] on top of her." The affidavit of probable cause further alleged that "B" "removed her pants and licked and kissed her vaginal area." The young girl originally told her parents that penetration had occurred, but later denied this to the police. The acts of molestation occurred while "B" was alone with the younger child for a period of time in his house.

Juvenile "C", a 15-year-old girl, was charged with three counts of first degree child molestation, RCW 9A.44.083, which occurred on or about July 1, 1988. The last two counts were dropped when "C" pleaded guilty to the first count. In her plea, "C" stated that:

I let [a 5-year-old boy] lay on top of me. We were both clothed.
I let him touch my breast and look inside my underwear. He also kissed my mouth.

The affidavit for probable cause contains additional allegations. First, while baby-sitting, "C" touched the young boy's penis on several different occasions. Second, while babysitting a 4-year-old girl, "C" removed her clothes, scratched herself in the genitals, and then proceeded to place her hand inside the young girl's underpants, rubbing her to the point of pain. Finally, while baby-sitting, "C" undressed a young boy, showed him to the other children and touched his penis.

[86]*86Juvenile ”D", a 16-year-old male, was charged with indecent liberties, RCW 9A.44.100(1), which occurred on or about June 2, 1988. "D" pleaded guilty and stated the following:

[An 11-year-old girl] and I went to the Lynden Middle School to get some pop. I started tickling her, and then I kissed her. We started playing around and I asked her if she wanted to go to the back of the middle school. She said yes, and we laid down and she was laughing. We played around some more. I took off her shirt and unbuttoned her pants and touched her breasts and crotch area.

The affidavit of probable cause additionally alleged that he removed his clothes, as well as her clothes. Moreover, "[h]e rubbed his genitals and hands against [her] genitals for several minutes."

Juvenile "E", a 15-year-old boy, was charged with first degree child molestation, RCW 9A.44.083, which occurred on October 13, 1988. "E" pleaded guilty, stating that he had "sexual contact" with a 7-year-old boy. According to the probable cause affidavit, the incident occurred while "E" was baby-sitting a 7-year-old boy. On three separate occasions dining the evening, "E" entered the boy's room and placed his mouth on the boy's penis.

Pursuant to RCW 70.24.340(l)(a), the State sought orders from the juvenile court allowing HTV testing of all five juvenile offenders. Appellants opposed the HIV testing, alleging numerous constitutional grounds. A hearing was held before Commissioner Morrow on November 15, 1989, to determine the constitutional issues. Commissioner Morrow upheld the statute, finding it consistent with the Fourth Amendment and the right to privacy. He later issued an order directing HIV testing of the juvenile offenders, but then stayed this order pending appellate review. We accepted Division One's certification of this case.

Adjudication/Conviction

As part of the public health chapter covering sexually transmitted diseases, RCW 70.24.340(l)(a) mandates HIV testing for all persons "[c]onvicted of a sexual offense under chapter 9A.44 RCW". Testing is to occur soon after sentenc[87]*87ing upon an order of the sentencing judge. RCW 70.24-.340(2). All tests are to be performed by the local health department and must include both pre- and posttest counseling. RCW 70.24.340. Distribution of the test results is strictly limited to those persons with a genuine interest. RCW 70.24.105(2).

Appellants argue that RCW 70.24.340(l)(a) does not apply to juvenile sexual offenders, because the statute requires a "conviction" prior to mandatory HIV testing. Technically speaking, juveniles are not "convicted" of crimes, but rather "adjudicated" to have committed offenses. As a result, appellants contend, the Legislature's use of the word "convicted" evidences an intent to test only adult sexual offenders.

When statutory language is used in an unambiguous manner we will not look beyond the plain meaning of the words. Everett Concrete Prods., Inc. v. Department of Labor & Indus., 109 Wn.2d 819, 822, 748 P.2d 1112 (1988). Unfortunately, however, such is not the case with the statute before us. The statute uses both the terms "convicted" and "offense" without differentiation. Subsection (1) of RCW 70.24.340 uses the term "convicted of", while subsection (3) states that the section applies to "offenses" — a term inclusive of both adult and juvenile crimes.1 Furthermore, the Legislature's use of "conviction" in statutes to refer to juveniles appears to be endemic.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Gator's Custom Guns, Inc.
568 P.3d 278 (Washington Supreme Court, 2025)
State v. Nelson
Washington Supreme Court, 2025
State of Washington v. Lanny Lee Griffith
455 P.3d 152 (Court of Appeals of Washington, 2019)
Blomstrom v. Tripp
Washington Supreme Court, 2017
State v. Olsen
Washington Supreme Court, 2017
State Of Washington v. Brittanie Olsen
374 P.3d 1209 (Court of Appeals of Washington, 2016)
In re Det. of Anderson
Washington Supreme Court, 2016
In re the Detention of Anderson
368 P.3d 162 (Washington Supreme Court, 2016)
Rustina Guthrie, App. v. Joseph Zaratkiewicz, Resp.
Court of Appeals of Washington, 2015
State v. Handy
2012 VT 21 (Supreme Court of Vermont, 2012)
State v. Sieyes
225 P.3d 995 (Washington Supreme Court, 2010)
McNabb v. Department of Corrections
180 P.3d 1257 (Washington Supreme Court, 2008)
York v. Wahkiakum School Dist. No. 200
178 P.3d 995 (Washington Supreme Court, 2008)
York v. Wahkiakum School District No. 200
163 Wash. 2d 297 (Washington Supreme Court, 2008)
State v. Surge
160 Wash. 2d 65 (Washington Supreme Court, 2007)
State v. Dion
129 P.3d 805 (Court of Appeals of Washington, 2006)
Mader v. Health Care Authority
70 P.3d 931 (Washington Supreme Court, 2003)
State v. TK
987 P.2d 63 (Washington Supreme Court, 2003)
York v. Wahkiakum School District No. 200
110 Wash. App. 383 (Court of Appeals of Washington, 2002)
York v. Wahkiakum School Dist. No. 200
40 P.3d 1198 (Court of Appeals of Washington, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
847 P.2d 455, 121 Wash. 2d 80, 1993 Wash. LEXIS 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-juveniles-a-b-c-d-e-wash-1993.