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State v Stringer

1-23-2014 Iowa:

State v Stringer

Dale Stringer appeals the court's denial of his application to remove the requirement that he complete sex offender treatment as a condition of his probation. Stringer pled guilty to prostitution, in violation of Iowa Code section 725.1 (2011), following a police sting operation where Stringer offered an undercover police officer $40 for sex.

He was sentenced to 365 days in jail, that sentence was suspended, and he was placed on probation for two years. Stringer contends the crime of prostitution is not a sex offense under section 692A.102, and his criminal history does not justify the imposition of sex offender treatment as a condition of his probation.

... ... ...

Based on the record before us, we cannot say that sex offender treatment "relates to the defendant's circumstances in a reasonable manner and is justified by the defendant's circumstances." Valin, 724 N.W.2d at 446, 449 (finding the trial court abused its discretion by imposing sex offender treatment as a condition of probation on a defendant convicted of operating while intoxicated where the defendant had a prior conviction for assault with intent to commit sexual abuse but had already successfully completed sex offender treatment as part of the prior conviction); State v. Jorgensen, 588 N.W.2d 686, 687 (Iowa 1998) (finding the trial court abused its discretion when it imposed a batterer's treatment program as a condition of probation on a defendant who was acquitted of domestic abuse and had no prior history of such conduct).

We conclude that the court abused its discretion when it refused to remove the Department of Correctional Services' requirement of sex offender treatment programming as a condition of Stringer's probation.

We therefore reverse the district court's decision imposing sex offender treatment as a condition of Stringer's probation.

REVERSED.

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