State v. Hilgers

2017 WI App 12, 893 N.W.2d 261, 373 Wis. 2d 756, 2017 Wisc. App. LEXIS 53
CourtCourt of Appeals of Wisconsin
DecidedJanuary 26, 2017
DocketNo. 2015AP2256-CR
StatusPublished

This text of 2017 WI App 12 (State v. Hilgers) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hilgers, 2017 WI App 12, 893 N.W.2d 261, 373 Wis. 2d 756, 2017 Wisc. App. LEXIS 53 (Wis. Ct. App. 2017).

Opinion

¶ 1.

Sherman, J.

Jeff Hilgers appeals a conviction, following a jury trial, for second-degree sexual assault by corrections staff, contrary to Wis. Stat. § 940.225(2)(h) (2011-12).1 Hilgers contends that instructions to the jury misstated a requirement in § 940.225(2)(h) and that when the evidence is measured against a correct interpretation of the statute, the evidence was insufficient to support his conviction. For the reasons discussed below, we affirm.

[759]*759BACKGROUND

f 2. In 2012, A.C., an adult female, was sentenced to probation with six months of jail time as a condition of her probation. In October 2012, A.C. was confined in the William H. Perris Center, one of Dane County's three jail locations. While A.C. was confined at the William H. Ferris Center, she met Hilgers, a Dane County Sheriffs Department correctional officer.

¶ 3. In December 2012, A.C. was placed in the home detention program pursuant to Wis. Stat. § 302.425(2), and detained at her personal residence, where her movements were restricted and monitored. While A.C. was detained at her personal residence, she and Hilgers began a consensual sexual relationship. Hilgers did not have supervisory authority over A.C. while she was in home detention.

¶ 4. Hilgers was charged with second-degree sexual assault, contrary to Wis. Stat. § 940.225(2)(h), which makes it a criminal offense for a correctional officer to have "sexual contact or sexual intercourse with an individual who is confined in a correctional institution." Hilgers moved to dismiss the case, arguing that his sexual activity with A.C. at her residence did not satisfy the statute's requirement that such activity occur while the convicted person is "confined in a correctional institution." The circuit court denied Hilgers' motion, concluding, as a matter of law, that an individual participating in the home detention program is "confined in a correctional institution."

¶ 5. Thereafter, the case was tried to a jury. At the jury instruction conference, the circuit court proposed that the jury be instructed that "participation in a jail home detention program constitutes confinement in a correctional institution." Hilgers objected, arguing [760]*760that the court's proposed language was "inappropriate" because a person participating in a home detention program is not confined in a correctional institution. The court overruled Hilgers' objection and the jury was instructed: "[A.C.] . . . was confined in a correctional institution. Participation in a jail home detention program constitutes confinement in a correctional institution."

¶ 6. The jury found Hilgers guilty of the charged offense. Hilgers appeals.

DISCUSSION

¶ 7. Wisconsin Stat. § 940.225(2)(h) makes it second-degree sexual assault for a correctional staff member to have "sexual contact or sexual intercourse with an individual who is confined in a correctional institution." (Emphasis added.) Hilgers contends that an individual who is detained in his or her residence while participating in the home detention program is not "confined in a correctional institution" at that time, but is instead confined in his or her residence. Hilgers argues that because a party detained in his or her home while participating in the program is not "confined in a correctional institution," the circuit court erred in instructing the jury that A.C. was, as a matter of law, "confined in a correctional institutional." According to Hilgers, the evidence was insufficient under a correct view of the law and, therefore, the evidence was insufficient to support his conviction.

¶ 8. We question whether the sufficiency of the evidence in the circumstances here is measured against the instruction actually given or instead, as Hilgers seemingly assumes, is measured directly against the underlying statute. However, we need not [761]*761address this topic because we conclude that the instruction that was given was consistent with the statute.

¶ 9. To determine whether home detention is "confine[ment] in a correctional institution," we must interpret Wis. Stat. § 940.225(2)(h). Statutory interpretation presents a question of law, which is subject to our de novo review. State v. Cole, 2000 WI App 52, ¶ 3, 233 Wis. 2d 577, 608 N.W.2d 432. The goal of statutory interpretation is to ascertain and give effect to the intent of the legislature. State v. Kirch, 222 Wis. 2d 598, 602, 587 N.W.2d 919 (Ct. App. 1998). When interpreting a statute, we begin with the statute's text, giving it its common, ordinary, and accepted meaning, except that we give technical or specially defined words their technical or special definitions. State v. Warbelton, 2008 WI App 42, ¶ 13, 308 Wis. 2d 459, 747 N.W.2d 717. If the language of the statute is plain and unambiguous, our inquiry ends and we apply the plain meaning. Id.

¶ 10. In ascertaining the plain meaning of a statute, we must focus on more than a single sentence or a portion thereof. State v. Ziegler, 2012 WI 73, ¶ 43, 342 Wis. 2d 256, 816 N.W.2d 238. "We therefore interpret statutory language in the context in which it is used, 'not in isolation but as part of the whole.' In addition, we must construe statutory language reasonably. An unreasonable interpretation is one that yields absurd results or contravenes the statute's manifest purpose." Id. (quoted source and internal citations omitted).

¶ 11. Neither party argues that Wis. Stat. § 940.225(2)(h) is ambiguous, and we agree that it is not. Accordingly, we apply the plain meaning of the statutory language.

[762]*762¶ 12. "Correctional institution" is defined by Wis. Stat. § 940.225(5)(acm) as "a jail or correctional facility, as defined in [Wis. Stat. §] 961.01(12m). . .As is relevant here, "tj]ail or correctional facility" is defined to mean "[a] jail, as defined in [Wis. Stat. §] 302.30 . . . Sec. § 961.01(12m)(b). Section 302.30 in turn defines "jail" as "includfing] municipal prisons and rehabilitation facilities." Giving "confined in a correctional facility" its plain meaning, in order for Hilgers to have violated § 940.225(2)(h), A.C.'s home detention must have constituted confinement in a jail or municipal prison.

f 13. Pursuant to Wis. Stat. § 302.425

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Related

State v. Cole
2000 WI App 52 (Court of Appeals of Wisconsin, 2000)
State v. Warbelton
2008 WI App 42 (Court of Appeals of Wisconsin, 2008)
State v. Kirch
587 N.W.2d 919 (Court of Appeals of Wisconsin, 1998)
State v. Ziegler
2012 WI 73 (Wisconsin Supreme Court, 2012)

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Bluebook (online)
2017 WI App 12, 893 N.W.2d 261, 373 Wis. 2d 756, 2017 Wisc. App. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hilgers-wisctapp-2017.