STATE of Louisiana v. I.C.S.; State of Louisiana v. C.M.S.

145 So. 3d 350, 2014 WL 2949257
CourtSupreme Court of Louisiana
DecidedJuly 1, 2014
Docket2013-CK-1023
StatusPublished
Cited by10 cases

This text of 145 So. 3d 350 (STATE of Louisiana v. I.C.S.; State of Louisiana v. C.M.S.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STATE of Louisiana v. I.C.S.; State of Louisiana v. C.M.S., 145 So. 3d 350, 2014 WL 2949257 (La. 2014).

Opinions

[351]*351GUIDRY, Justice.

_JjWe granted the writ application in this matter to determine whether the district court properly ordered the defendants to register as sex offenders pursuant to La. Rev.Stat. 15:542(A). The more precise question presented is whether the defendants, who, as adults, entered pleas of guilty to the charge of indecent behavior with a juvenile for conduct that occurred when the defendants were themselves under the age of 14 years old, must register as sex offenders under the statute even though they would not have been required to register as such had they entered guilty pleas as juveniles in juvenile court at the time they committed the offenses. For the reasons set forth below, we find under the plain language of the statute that the defendants qualify as “[a]ny ’adult residing in this state who has pled guilty to ... a sex offense as defined in R.S. 15:541 ...” and, therefore, must register as sex offenders pursuant to La.Rev.Stat. 15:542(A)(1).

| .FACTS AND PROCEDURAL HISTORY

The charges arose out of conduct committed by the defendant brothers sometime in January of 2004 upon R.A.S., then age 5, and A.R.S., then age 7 or 8. At that time, C.M.S. was 12 years of age and I.C.S. was 13 years of age. The offenses were ultimately reported by the victims over 7 years later, at which time both defendants were adults. In July of 2011, C.M.S. was indicted on two counts of aggravated rape by a Bossier Parish grand jury, while I.C.S. was charged by bill of information with one count of indecent behavior with a juvenile. The defendants were prosecuted in adult criminal court pursuant to Children’s Code Article 857(C)(2).1 In January of 2012, pursuant to an agreement with the State, C.M.S, [352]*352then age 20, and I.C.S., then age 21,- entered pleas of guilty to one count each of indecent behavior with a juvenile, a violation of La.Rev.Stat. 14:81.2

In May of 2012, the district court sentenced C.M.S. to serve five years imprisonment at hard labor, suspended, and placed him on active supervised probation for three years with special conditions, including no contact with the |svictims’ immediate family. The district court sentenced 1.C.S. to serve three years imprisonment at hard labor, suspended, and placed him on active supervised probation for three years with the same special conditions. The district court further ordered both defendants to register as sex offenders for fifteen years pursuant to La.Rev.Stat. 15:542.

On appeal, the defendants asserted they could not be required to register as sex offenders because they were juveniles themselves at the time they committed the offenses. They based their argument on the fact that, had these offenses been discovered and prosecuted when they were still juveniles, their cases could not have been transferred to adult court, because each was under the age of 14 years old when the crimes occurred and because the crime of indecent behavior with a juvenile is not one of the seven crimes for which a child 14 years or older may be tried in adult court. See La.Rev.Stat. 15:542(A)(2) and (3). The defendants maintained that the sex offender registration requirement does not apply to any child under the age of 14 years at the time of the offense. They thus argued that the age of the offender at the time of the commission of the offense therefore determines whether the offender must register as a sex offender.

The court of appeal majority affirmed the district court’s judgment ordering the defendants to register as sex offenders. State v. I.C.S. c/w State v. C.M.S., Nos. 47,829 and 47,830 (La.App. 2 Cir. 2/27/13), 110 So.3d 1208. The majority rejected the defendants’ contention that they could not be required to register as sex offenders because they were juveniles at the time they committed the offenses. The majority interpreted La.Rev.Stat. 15:542(A)(1) as applying to “any adult residing in the state” who has pleaded guilty to one of the enumerated sex offenses regardless of whether the offense was committed when the offender was an adult |4or a juvenile. The appellate court majority recognized that, although La. Child. Code art. 857(C)(2) prohibits the district court from imposing any greater punishment than the defendants could have received in juvenile court, the sex offender registration requirements are not punitive in nature, citing State ex rel. Olivieri v. State, 00-0172 (La.2/22/01), 779 So.2d 735.

The dissenting member of the appellate panel noted that the sex offender registration law specifically provides in La.Rev. Stat. 15:542(A)(2) that it applies to juveniles who commit a sex offense described in Children’s Code articles 305 and 857, which offenses include aggravated and forcible rape, as well as juvenile offenders who commit crimes after reaching age 14.3 [353]*353Because the defendants committed indecent behavior with a juvenile, a crime not enumerated in La. Child. Code art. 857, before they reached the age of 14, the dissenting judge reasoned that the sex offender requirements of La.Rev.Stat. 15:542 do not apply.

Because the issue presented is res nova, we granted the defendants’ writ application to review the lower courts’ rulings. State v. I.C.S. c/w State v. C.M.S., 13-1028 (La.2/7/14), 131 So.3d 849.

LAW AND DISCUSSION

The issue before us is purely one of statutory interpretation: Must the defendants register as sex offenders under La.Rev.Stat. 15:542(A)? The | ^principles guiding our interpretation of statutes are well-settled. The starting point in the interpretation of any statute is the language of the statute itself. Cat’s Meow, Inc. v. City of New Orleans, 98-0601, p. 15 (La.10/20/98), 720 So.2d 1186, 1198; Touchard v. Williams, 617 So.2d 885 (La.1993). Legislation is the solemn expression of legislative will, and therefore, the interpretation of a law involves primarily the search for the legislature’s intent. La. Civ.Code art. 2; Landry v. Louisiana Citizens Property Ins. Co., 07-1907, p. 20 (La.05/21/08), 983 So.2d 66, 79; Detillier v. Kenner Regional Med. Ctr., 03-3259, p. 3 (La.7/6/04), 877 So.2d 100, 103. La. Civ. Code art. 9 provides that, when a law is clear and unambiguous, and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature.

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145 So. 3d 350, 2014 WL 2949257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-ics-state-of-louisiana-v-cms-la-2014.