State v. Jackson

776 P.2d 320, 1989 Alas. App. LEXIS 53, 1989 WL 68199
CourtCourt of Appeals of Alaska
DecidedJune 16, 1989
DocketA-2806
StatusPublished
Cited by48 cases

This text of 776 P.2d 320 (State v. Jackson) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jackson, 776 P.2d 320, 1989 Alas. App. LEXIS 53, 1989 WL 68199 (Ala. Ct. App. 1989).

Opinion

OPINION

BRYNER, Chief Judge.

Matthew Jackson was convicted upon his plea of no contest to a charge of sexual abuse of a minor in the second degree, a class B felony. AS 11.41.436(a)(1). Superi- or Court Judge Karl S. Johnstone sentenced Jackson to a term of three years and suspended the entire term, requiring Jackson to complete three years of probation. As special conditions of probation, Judge Johnstone ordered Jackson to complete an outpatient program of sexual offender counseling and to perform 1,000 hours of community service. The state appeals the sentence as too lenient. We conclude that the sentence is too lenient and disapprove it. 1

THE OFFENSE

In the summer of 1987, Matthew Jackson became romantically involved with thirteen-year-old M.S. Jackson was a teacher at a private gymnastics school. M.S. was one of his students. The relationship between Jackson and M.S. progressed during the fall of 1987, and, in December or January, approximately the time M.S. turned fourteen, Jackson engaged in sexual intercourse with her for the first time. The incident occurred at Jackson’s home, where Jackson stopped in the course of giving M.S. a ride home from a gymnastics class.

From December of 1987 until March of 1988, Jackson had sexual intercourse with M.S. on five or six additional occasions. Jackson and M.S. also engaged in oral sex on several other occasions. One of these occasions occurred in March, 1988, while Jackson and M.S. were in Seattle, Washington, attending a gymnastics meet.

Sexual relations between Jackson and M.S. ended sometime in March, 1988; they were apparently stopped by Jackson. During the summer of 1988, M.S. reported her sexual involvement with Jackson. Jackson encouraged her to report their relationship, and, once it was reported, he admitted his involvement and acknowledged responsibility.

None of the incidents of sexual intercourse between Jackson and M.S. involved any force or coercion. Jackson and M.S. were mutually attracted to each other. After reporting the relationship, M.S. felt guilty and suffered some emotional difficulty. She indicated that she was still in love with Jackson and expressed a desire to marry him when she turned eighteen. Disclosure of the relationship also had a significant impact on the relationship between M.S. and her parents. As a result of the disclosure, M.S. and her parents found it necessary to undergo regular family counseling sessions.

THE OFFENDER

At the time of his involvement with M.S., Jackson was twenty-seven years of age. He had graduated from high school in Anchorage with above average grades and had attended three years of college.

Jackson had ten years’ experience as a gymnastics instructor and coach for both private organizations and public schools. He was highly regarded by his employers, his students, and their parents. In addition to his work in gymnastics, Jackson had a steady record of employment as a laborer in his own maintenance and janitorial business.

Jackson had no prior criminal record. He was married in June of 1986, but felt his marriage was breaking up by the time he got involved in the relationship with *322 M.S. Jackson separated from his wife in January of 1988 and obtained a divorce later that year. Jackson maintains strong family ties in Anchorage, and his parents have continued to be very supportive of him.

Although there are indications in the record that Jackson is somewhat emotionally immature, there is no evidence to indicate that he suffers from any significant psychological or emotional disorder. Since his relationship with M.S. was reported, Jackson has consistently accepted responsibility for his conduct and has acknowledged its wrongfulness. He has expressed remorse for the damage that he has caused M.S. and her family.

SENTENCING PROCEEDINGS

Jackson was charged with one count of sexual abuse of a minor in the second degree. The statute governing the offense, AS 11.41.436, proscribes several distinct forms of sexual contact between adults and minors. 2 Jackson was charged under AS 11.41.436(a)(1), which covers conduct formerly called statutory rape. The relevant portion of AS 11.41.436(a)(1) provides that the offense of sexual abuse of a minor in the second degree occurs when an offender who is sixteen years of age or older “engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least three years younger than the offender.”

Sexual abuse of a minor in the second degree is a class B felony, AS 11.41.436(b), and is punishable by a maximum term of ten years' imprisonment. Presumptive terms for second and subsequent felony offenders are four and six years. No presumptive term is prescribed for individuals who, like Jackson, have not previously been convicted of a felony. See AS 12.55.125(d).

Jackson entered a plea of no contest to the charge and appeared for sentencing before Superior Court Judge Karl S. John-stone. At the sentencing hearing, the state urged the court to impose a substantial term of imprisonment. The state relied in part on State v. Coats, 669 P.2d 1329 (Alaska App.1983), in which we disapproved as too lenient a sentence of sixty days for an offender convicted of a single incident of sexual contact with his twelve-year-old stepdaughter. The state also relied on several appellate decisions dealing with sentences for offenders convicted of statutory rape. In particular, the state cited Goul-den v. State, 656 P.2d 1218 (Alaska App.1983) (affirming a first offense sentence of five years with three years suspended); Skrepick v. State, 740 P.2d 950 (Alaska App.1987) (reversing maximum sentence of ten years, but remanding for imposition of a sentence of ten years with four years suspended); and Foster v. State, 751 P.2d *323 1383 (Alaska App.1988) (indicating appropriateness of a term of four years with two and one-half years suspended).

At the conclusion of the hearing, Judge Johnstone found that Jackson’s conduct toward M.S. had resulted from genuine and reciprocal affection between Jackson and M.S. The judge also found Jackson to be sincerely remorseful and contrite and noted that there was no evidence to indicate that Jackson had engaged in similarly inappropriate behavior toward other minors. Judge Johnstone concluded that Jackson was not a person who had an abnormal affinity toward children or who was prone to deviant sexual behavior. The judge believed that, instead, Jackson’s offense was situational and that it was consequently unlikely to recur.

In determining an appropriate sentence for Jackson, the judge carefully considered the sentencing criteria articulated by the Alaska Supreme Court in State v. Chaney, 477 P.2d 441, 443-44 (Alaska 1970), focusing primarily on Jackson’s strong potential for rehabilitation.

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Bluebook (online)
776 P.2d 320, 1989 Alas. App. LEXIS 53, 1989 WL 68199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jackson-alaskactapp-1989.