State v. Finders

743 N.W.2d 546, 2008 Iowa Sup. LEXIS 4, 2008 WL 109074
CourtSupreme Court of Iowa
DecidedJanuary 11, 2008
Docket06-1080
StatusPublished
Cited by31 cases

This text of 743 N.W.2d 546 (State v. Finders) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Finders, 743 N.W.2d 546, 2008 Iowa Sup. LEXIS 4, 2008 WL 109074 (iowa 2008).

Opinion

STREIT, Justice.

John Finders was convicted of a sexual offense against a minor. Subsequently, the Iowa legislature enacted a law prohibiting convicted sex offenders, whose victims were minors, from living within two thousand feet of a school or child care facility. Initially, Finders was exempt from the law under the “grandfather” provision of the statute. After he moved to a new home, he was convicted of violating the two thousand foot rule. Finders appealed, arguing the grandfather provision should be interpreted to allow convicted sex offenders to move within a restricted zone. Because we find the grandfather provision exempts an individual from the two thousand foot rule only as long as he maintains the residence he had prior to the enactment of the law, we affirm.

I. Facts and Prior Proceedings.

In 1999, John Finders was convicted of sexual exploitation by a counselor in violation of Iowa Code section 709.15 (2005). His victim was under the age of eighteen years. As a result of the conviction, Finders was subject to the registration requirements found in Iowa Code chapter 692A. Prior to July 1, 2002, Finders established a residence at 405 South Sixth Street in Marshalltown, Iowa, and properly registered with the sheriff in Marshall County. In 2005, Finders moved to 406 West Boone Street, which is also in Marshalltown. He registered his change of address with the sheriff.

In September 2005, the Marshalltown police department served Finders with written notice that residing at 406 West Boone Street was in violation of residency restrictions found in Iowa Code section 692A.2A (prohibiting a person who has committed a criminal offense against a minor from residing within two thousand feet of child care facilities and schools). In April 2006, Finders was charged with the crime of violating the sex offender residency restrictions. See Iowa Code § 692A.2A(2), (3). He filed a motion to dismiss the trial information arguing the grandfather provision of the two thousand foot rule allowed him to move within a restricted zone without penalty. See id. § 692A.2A(4)(c). The district court overruled the motion. Finders waived his right to a jury. He was found guilty after a trial on the minutes of testimony. The *548 district court sentenced him to a suspended prison term of two years.

Finders appealed, arguing the district court should have granted his motion to dismiss. For the reasons that follow, we affirm the district court.

II. Scope of Review.

We review a district court’s ruling on a motion to dismiss for errors at law. State v. Gonzalez, 718 N.W.2d 304, 307 (Iowa 2006). We accept as true the facts alleged by the State in the trial information and minutes of testimony. Id. We will reverse the district court’s denial of the motion to dismiss if the facts the State has alleged do not constitute a crime as a matter of law. See id.

III. Merits.

Finders was convicted of a crime which requires him to comply with Iowa’s sex offender registry. See Iowa Code § 692A.3. Additionally, Finders is subject to the residency restrictions found in Iowa Code section 692A.2A because his victim was a minor. Iowa Code section 692A.2A(2) states “[a] person shall not reside within two thousand feet of the real property comprising a public or nonpublic elementary or secondary school or a child care facility.” However, a person residing within two thousand feet of a school or child care facility does not violate this section if “[t]he person has established a residence prior to July 1, 2002.” Id. § 692A.2A(4)(c). According to the parties, the crux of this case is whether it is the person or the address that is “grandfathered” in a restricted zone.

When we interpret a criminal statute, our goal “is to ascertain legislative intent in order, if possible, to give it effect.” State v. Conley, 222 N.W.2d 501, 502 (Iowa 1974). “We consider the object sought to be accomplished and the evil sought to be remedied, and seek a reasonable interpretation that will best affect the legislative purpose and avoid absurd results.” State v. Byers, 456 N.W.2d 917, 919 (Iowa 1990) (citing State v. Bessenecker, 404 N.W.2d 134, 137 (Iowa 1987)). “‘When a statute’s language is clear, we look no further for meaning than its express terms.’ ” State v. Kamber, 737 N.W.2d 297, 298-99 (Iowa 2007) (quoting State v. Beach, 630 N.W.2d 598, 600 (Iowa 2001)). If a criminal statute is ambiguous, we resolve any doubt in favor of the accused. State v. Welton, 300 N.W.2d 157, 160 (Iowa 1981). Nevertheless, criminal statutes “ ‘are not to be construed so strictly as to defeat the obvious intention of the Legislature.’ ” State v. Nelson, 178 N.W.2d 434, 437 (Iowa 1970) (quoting United States v. Wiltberger, 18 U.S. (5 Wheat.) 76, 95, 5 L.Ed. 37, 42 (1820)); accord State v. Hagedorn, 679 N.W.2d 666, 669 (Iowa 2004) (“[Although criminal statutes are to be strictly construed in favor of the accused, ‘they must be construed reasonably and in such a way as to not defeat their plain purpose.’ ” (quoting State v. Peck, 539 N.W.2d 170, 173 (Iowa 1995))).

Both parties contend the grandfather provision, section 692A.2A(4)(c), is ambiguous. A statute is ambiguous if it is “capable of being understood in two or more possible ... ways.” Merriam-Webster’s Collegiate Dictionary 36 (10th ed.2002). Section 692A.2A(4)(c) states a person does not violate the two thousand foot rule if “[t]he person has established a residence prior to July 1, 2002.” Finders argues the statute emphasizes the “person” rather than the “residence” and thus should be interpreted to allow a person who established a residence in a restricted zone before July 1, 2002 to move within the restricted zone without penalty. The State, on the other hand, argues the statute should be interpreted to mean a person *549 loses his exemption under Iowa Code section 692A.2A(4)(c) when he moves to a different residence.

While the grandfather provision is not a model of clarity, we do not find it ambiguous. The provision refers to “a residence,” which is a specific place.

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Bluebook (online)
743 N.W.2d 546, 2008 Iowa Sup. LEXIS 4, 2008 WL 109074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-finders-iowa-2008.