Stinson v. Commonwealth

396 S.W.3d 900, 2013 WL 1777068, 2013 Ky. LEXIS 87
CourtKentucky Supreme Court
DecidedApril 25, 2013
DocketNo. 2011-SC-000615-DG
StatusPublished
Cited by13 cases

This text of 396 S.W.3d 900 (Stinson v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stinson v. Commonwealth, 396 S.W.3d 900, 2013 WL 1777068, 2013 Ky. LEXIS 87 (Ky. 2013).

Opinion

Opinion of the Court by

Justice SCOTT.

Appellant was indicted for first-degree sexual abuse under KRS 510.110(l)(d) and subsequently entered a conditional Alford guilty plea while reserving his right to appeal the trial court’s judgment. The Court of Appeals affirmed the trial court’s decision and we granted discretionary review. Appellant makes three arguments in support of his appeal: (1) that “lack of consent” is an element of first degree sexual abuse under KRS 510.110(l)(d), (2) that KRS 510.110(l)(d) is unconstitutionally vague, and (3) that KRS 510.110(l)(d) is unconstitutionally overbroad. For the reasons set out below, we affirm the Court of Appeals’ decision.

I. BACKGROUND

Seventeen-year-old “Betty”1 spent the summer of 2009 living with Appellant, her uncle by marriage, in his home. That summer, Appellant subjected Betty to sexual contact. When Betty’s parents learned of the events, they contacted Kentucky authorities and Appellant was subsequently indicted for first-degree sexual abuse under KRS 510.110(l)(d).

Before Appellant’s trial, he moved the trial court to find as a matter of law that “lack of consent” was an element of KRS 510.110(l)(d) and also moved the court to dismiss the indictment, arguing that KRS 510.110(l)(d) was vague and overbroad. After the trial court’s denial of Appellant’s motions, he entered a conditional guilty plea pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). In accordance with his plea, Appellant admitted that he did indeed engage in sexual contact with Betty, but maintained that the act was consensual and reserved the right to appeal the trial [903]*903court’s rulings on his prior motions. Appellant was sentenced to one year’s imprisonment.

On appeal, the Court of Appeals upheld the judgment of the trial court, finding that “lack of consent” was not an element of first-degree sexual abuse under KRS 510.110(l)(d) and that the statute was not vague or overbroad. We granted discretionary review and now affirm, albeit for different reasons. While we fully agree with the Court of Appeals that the statute is neither vague nor overbroad, we disagree with their conclusion that lack of consent is not an element of first-degree sexual abuse under KRS 510.110(l)(d). Rather, as detailed below, we hold that lack of consent is an element, and that it was satisfied by the fact that Betty was unable to consent, as she was under the age of eighteen and was subjected to sexual contact by Appellant, a person in a position of authority or special trust with whom she came into contact as a result of that position.

II. ANALYSIS

Appellant was indicted for first-degree sexual abuse under KRS 510.110(l)(d), which states, in pertinent part:

A person is guilty of sexual abuse in the first degree when:
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Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she, regardless of his or her age, subjects a minor who is less than eighteen (18) years old, with whom he or she comes into contact as a result of that position, to sexual contact. ...

Appellant makes three arguments in support of his appeal. First, Appellant asserts that the Court of Appeals erred when it determined that “lack of consent” was not an element of KRS 510.110(l)(d). Second, Appellant argues, that KRS 510.110(l)(d) is unconstitutionally vague because it fails to properly define position of authority or position of special trust. Finally, Appellant asserts that KRS 510.110(l)(d) is unconstitutionally over-broad because it infringes upon his constitutionally protected right of privacy. We disagree as to all.

A. Lack of Consent

First, we must analyze KRS 510.110(l)(d) and KRS 510.020 to determine whether “lack of consent” is an element of KRS 510.110(l)(d). Our review in this instance is de novo. See Commonwealth v. Love, 334 S.W.3d 92, 93 (Ky.2011) (“Because statutory interpretation is a question of law, our review is de novo; and the conclusions reached by the lower courts are entitled to no deference.”) (internal citation omitted). Moreover, when interpreting the statutory scheme, we seek to effectuate the legislature’s intent and “[t]he plain meaning of the statutory language is presumed to be what the legislature intended....’” Revenue Cabinet v. H.E. O’Daniel, 153 S.W.3d 815, 819 (Ky.2005) (internal citation omitted).2 “Only if the statute is ambiguous or otherwise frustrates a plain reading, do we resort to extrinsic aids such as the statute’s legislative history; the canons of construction; or, especially in the case of model or uniform statutes, interpretations by other courts.” Shawnee Telecom Res., Inc. v. Brown, 354 S.W.3d 542, 551 (Ky.2011) (citing MPM Financial Group, Inc. v. Morton, 289 S.W.3d 193 (Ky.2009)).

Appellant argues that KRS 510.020 mandates that “lack of consent” be included as [904]*904an element of the crime charged. In this regard, KRS 510.020

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Cite This Page — Counsel Stack

Bluebook (online)
396 S.W.3d 900, 2013 WL 1777068, 2013 Ky. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stinson-v-commonwealth-ky-2013.