State v. J. Kline

2016 MT 177, 376 P.3d 132, 384 Mont. 157, 2016 Mont. LEXIS 506
CourtMontana Supreme Court
DecidedJuly 26, 2016
DocketDA 15-0040
StatusPublished
Cited by4 cases

This text of 2016 MT 177 (State v. J. Kline) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. J. Kline, 2016 MT 177, 376 P.3d 132, 384 Mont. 157, 2016 Mont. LEXIS 506 (Mo. 2016).

Opinions

JUSTICE McKINNON

delivered the Opinion of the Court.

¶1 Joshua James Kline (Kline) appeals from ajudgment and sentence entered by the Third Judicial District Court, Deer Lodge County, convicting him of criminal distribution of dangerous drugs, endangering the welfare of children, and incest. We affirm.

¶2 We restate the issues Kline presents for review:

1. Did the District Court err by concluding S.K. was not legally accountable for Kline’s incest?
2. Was there sufficient evidence corroborating S.K’s testimony?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On December 11, 2013, the State charged Kline by information with criminal distribution of dangerous drugs, a felony, in violation of § 45-9-101(1), MCA; endangering the welfare of children, a felony, in violation of § 45-5-622(3)(c), MCA; and incest, a felony, in violation of § 45-5-507, MCA. The information alleged Kline committed these offenses when he gave methamphetamine to S.K., Kline’s biological daughter, on more than one occasion; allowed S.K. to ingest methamphetamine while in his care on more than one occasion; and had sexual intercourse or sexual contact with S.K.

[159]*159¶4 The District Court held a jury trial from May 27 to May 29, 2014. At trial, S.K. testified that, while she was 17 years old, Kline repeatedly recommended she try methamphetamine. She initially said no, but eventually said yes and tried the drug. She continued using methamphetamine with Kline, often in Kline’s vehicle while it was parked at a local truck stop and casino. Kline’s other daughter, S.K.’s younger sister (Sister), testified that she observed Kline give S.K. methamphetamine and observed Kline and S.K. smoking methamphetamine in the front seat of Kline’s vehicle while she was in the back seat. S.K.’s blood tested positive for methamphetamine.

¶5 S.K. testified that sometimes, when Kline parked at the truck stop and casino, Kline would go inside and gamble while S.K. waited alone in the vehicle. S.K. could not go inside because she was underage. After Kline gambled, Kline and S.K. would have sexual intercourse in the vehicle. S.K. testified that she and Kline had consensual sexual intercourse every day for around two months, sometimes in Kline’s vehicle and sometimes in the bed they shared while intermittently living at Kline’s parent’s house. S.K. testified that she first disclosed her incestuous relationship in several text messages she sent to her cousin, some of which read “I had sex with my dad like 100 times,” “It was my choice,” and “I was high on that white shit.” S.K. testified that she sent text messages with similar content to Sister, who in turn notified their mother (Mother).

¶6 The jury returned verdicts of guilty for each of the three felony offenses charged. The District Court sentenced Kline to concurrent terms of twenty years for criminal distribution of dangerous drugs, five years for endangering the welfare of children, and life imprisonment for incest.

¶7 Kline appeals only his incest conviction on the grounds that S.K., his 17-year-old daughter, was legally accountable for Kline’s conduct when he had sexual intercourse with her. Kline argues that S.K. was legally accountable for his incest and, as a result of her accountability, the State was required to provide evidence corroborating her testimony and he was entitled to a jury instruction cautioning the jurors to view S.K.’s testimony with distrust.

¶8 Prior to trial, the State filed a motion in limine requesting the District Court preclude Kline “from arguing and/or introducing evidence that [S.K.] is an accomplice to the crime of Incest or that she is in any way legally accountable for [Kline’s] conduct for the crime.” Kline objected to the State’s motion and argued that S.K. was legally accountable for his incest. The District Court concluded S.K. was Kline’s victim, stating, “It’s illegal for relatives to have sex with each [160]*160other. It’s incest. They are each other’s victims.” The District Court concluded S.K., as Kline’s victim, was not legally accountable for Kline’s conduct and granted the State’s motion.

¶9 At trial, Kline raised the issue of S.K.’s legal accountability for his incest when he moved for a directed verdict of acquittal on the incest charge because the State failed to present evidence of incest corroborating S.K.’s testimony. The District Court denied Kline’s motion. Kline also requested a jury instruction directing the jury to view S.K.’s testimony with distrust because she was legally accountable. The District Court refused to give that instruction. Kline appeals. On appeal, Kline argues the District Court erred in granting the State’s motion in limine, denying his motion for a directed verdict of acquittal, and refusing to instruct the jury on accountability. The errors Kline asserts are all premised upon the District Court’s initial conclusion that S.K. was not legally accountable because she was a victim under § 45-2-302(3)(a), MCA.

STANDARD OF REVIEW

¶10 A District Court’s interpretation of a statute is reviewed for correctness. Payne v. Knutson, 2004 MT 271, ¶ 14, 323 Mont. 165, 99 P.3d 200 (citations omitted). We conduct a de novo review of the record for sufficient evidence. State v. Bekemans, 2013 MT 11, ¶ 18, 368 Mont. 235, 293 P.3d 843 (citation omitted).

DISCUSSION

¶11 Did the District Court err by concluding S.K. was not legally accountable for Kline’s incest?

¶12 “A person commits the offense of incest if the person knowingly marries, cohabits with, has sexual intercourse with, or has sexual contact, as defined in 45-2-101, with an ancestor, descendant, abrother or sister of the whole or half blood, or any stepson or stepdaughter.” Section 45-5-507(1), MCA. Pursuant to § 45-5-507(2), MCA, “[cjonsent is a defense ... to incest with or upon a stepson or stepdaughter, but consent is ineffective if the victim is less than 18 years old.” The parties maintain that subsection (2) applies only to incest involving stepchildren and that it is therefore not applicable to the circumstances here. We agree. Additionally, the penalty provisions of § 45-5-507, MCA, are graduated and dependent upon the age of the participants, distinguishing when the “victim” is under 16 years of age or under 12 years of age. S.K. was 17 years old at the time of the offense and thus the provisions characterizing one of the participants as a “victim” are similarly inapplicable.

[161]*161¶13 “Under Montana criminal law, an individual is responsible for his or her own conduct.” In re B.W., 2014 MT 27, ¶ 18, 373 Mont. 409, 318 P.3d 682. In fact, pursuant to general maxims of jurisprudence, “[n]o one should suffer for the act of another,” and “[a] person is not responsible for that which a person cannot control.” Sections 1-3-211, -217, MCA. These maxims arise from fundamental principles in criminal law which seek to hold the primary perpetrator responsible for his or her own conduct in causing the criminal offense; that is, it is a basic precept that personal wrongdoing is a predicate to criminal punishment. The law recognizes, however, that circumstances may exist in which persons other than those actually committing the offense should nonetheless be held criminally culpable. “One may be responsible for the conduct of another only in limited circumstances.” B.W., ¶ 18.

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Cite This Page — Counsel Stack

Bluebook (online)
2016 MT 177, 376 P.3d 132, 384 Mont. 157, 2016 Mont. LEXIS 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-j-kline-mont-2016.