State v. Monk

514 N.W.2d 448, 1994 Iowa Sup. LEXIS 71, 1994 WL 94086
CourtSupreme Court of Iowa
DecidedMarch 23, 1994
Docket92-508
StatusPublished
Cited by15 cases

This text of 514 N.W.2d 448 (State v. Monk) 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. Monk, 514 N.W.2d 448, 1994 Iowa Sup. LEXIS 71, 1994 WL 94086 (iowa 1994).

Opinions

ANDREASEN, Justice.

Terry Lee Monk, Jr., was found guilty by a jury and convicted of sexual abuse in the second degree in violation of Iowa Code section 709.3(3) (1991). Monk appealed. We transferred the ease to the court of appeals. On appeal he urged the trial court should have granted his motion for a judgment of acquittal based on insufficiency of the evidence and that the court failed to properly instruct the jury on his theory of defense. The court of appeals affirmed the conviction.

We granted Monk’s application for further review. On review we vacate the decision of the court of appeals, reverse the district court judgment, and remand for a new trial.

I. Background.

At trial the State offered evidence that, while at a party, Monk and Jim Barber wrestled Ruben Howard to the floor and Monk then stuck the end of a broomstick in Howard’s anus. Approximately one month later the incident was reported to the police and criminal charges were filed against Monk and Barber.

Following application of counsel the court ordered that neither Monk nor the State comment to the jury during opening statements as to whether a sexual motive was required to commit sexual abuse. During trial the court allowed Monk’s counsel to ask questions as to whether there was anything “sexual going on” that night.

In support of his motion for a judgment of acquittal, Monk argued that “the touching of a broomstick on an anus did not qualify as sexual contact under the context of this case.” He urged there was a lack of any sexual connotation. In response, the State argued that a charge of sexual abuse is a general intent crime and that it was not necessary that the touching be for sexual gratification. Because “the legislature did not intend that the State be required to prove a motive of sexual gratification in order to establish an offense of sexual abuse,” the trial court denied the defendant’s motion for a judgment of acquittal.

[450]*450Later the court denied Monk’s request to instruct the jury that

the term “sex act” means: any sexual contact between two or more persons ... by use of artificial sexual organs or substitutes therefor in contact with the anus.

The court also denied Monk’s request to modify Iowa Uniform Criminal Instruction No. 900.8, which the court proposed to use, to add the word “sexual” before the word “contact.” Using the uniform instruction, the court instructed the jury:

“Sex act” means a person’s use of an artificial sex organ or a substitute for a sex organ in contact with the anus of another.

The court’s marshalling instruction provided:

The State must prove all of the following elements of sexual abuse in the second degree:
1. On or about the 17th day of August, 1991, the defendant performed a sex act with Ruben Howard.
2. The Defendant performed the sex act by force or against the will of Ruben Howard.
3. During the commission of the sexual abuse, the defendant was aided and abetted by one or more persons.

After the jury returned a verdict of guilty, the district court entered a judgment on the verdict and sentenced Monk to be confined for a term not to exceed twenty-five years. Iowa Code §§ 709.3(3), 902.9. We first review the jury instructions.

II. Jury Instructions.

Monk argues that it was error for the court not to instruct the jury that the definition of a sex act required the State to prove “sexual” contact. It was his defense that the contact with Howard was a result of horseplay; it was not sexual in nature or purpose. Throughout the trial, witnesses were asked about the circumstances surrounding the assault.

The court used the language of the uniform instruction defining a sex act. We have been reluctant to disapprove a uniform instruction. State v. Weaver, 405 N.W.2d 852, 855 (Iowa 1987). However, if the uniform instruction is faulty we will so find. State v. McMullin, 421 N.W.2d 517, 518-19 (Iowa 1988).

The term “sex act” is defined in Iowa Code section 702.17 as follows:

The term “sex act” ... means any sexual contact between two or more persons by: penetration of the penis into the vagina or anus; contact between the mouth and genitalia or by contact between the genitalia of one person and the genitalia or anus of another; contact between the finger or hand of one person and the genitalia or anus of another person, except in the course of examination or treatment by a person licensed pursuant to chapter 148, 148C, 150, 150A, 151, or 152; or by use of artificial sexual organs or substitutes therefor in contact with the genitalia or anus.

We find this statutory definition clearly requires sexual contact. If the statutory language is plain and the meaning is clear, the court is not permitted to search for legislative intent beyond the express terms of the statute. State v. Neary, 470 N.W.2d 27, 29 (Iowa 1991). This construction is consistent with In the Interest of J.D.S., 436 N.W.2d 342, 349 (Iowa 1989). In J.D.S. we examined the circumstances to determine if the contact revealed a sexual purpose. We noted the abuser had licked the victim’s bottom as well as inserting his finger in the anus of the victim. Id. This construction is also consistent with our opinion, filed this same date, State v. Pearson, 514 N.W.2d 452, 455 (Iowa 1994), where we stated:

Not all contact is a “sex act.” The contact must be between the specified body parts (or substitutes) and must be sexual in nature.
The sexual nature of the contact can be determined from the type of contact and the circumstances surrounding it.

Although it is not necessary that the court’s definitional instruction contain precisely the language of the statute, the instruction must be a correct statement of the law and the instructions as a whole should adequately and correctly cover the substance of the requested instruction. [451]*451Johnson v. Interstate Power Co., 481 N.W.2d 310, 324 (Iowa 1992). Courts have a duty to instruct juries on the law applicable to the facts when there is evidence which supports some material issue. State v. Freeman, 267 N.W.2d 69, 70-71 (Iowa 1978). As succinctly stated by the court of appeals,

[ojrdinarily, a defendant is entitled to have instructions presented relating to any theory of defense for which there is foundation in the evidence if he or she makes a timely request and it sets out a correct declaration of the law.

State v. Stewart,

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State v. Monk
514 N.W.2d 448 (Supreme Court of Iowa, 1994)

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Bluebook (online)
514 N.W.2d 448, 1994 Iowa Sup. LEXIS 71, 1994 WL 94086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-monk-iowa-1994.