State v. Holloway
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State v. Holloway
Opinion of the Court
*342Appellant Christopher Lee Holloway was charged with third- and fourth-degree criminal sexual conduct for engaging in sexual penetration and sexual contact with J.D., a 14-year-old boy. Before trial, Holloway brought a motion to declare Minnesota Statutes §§ 609.344, subd. 1(b), 609.345, subd. 1(b) (2016), unconstitutional. These provisions prohibit, respectively, sexual penetration and sexual conduct where "the complainant is at least 13 but less than 16 years of age and the actor is more than 24 months older than the complainant."
Before trial, Holloway brought a motion to declare the statutes unconstitutional, arguing that, by preventing him from asserting a mistake-of-age defense, they violated the guarantees of substantive due process and equal protection under the federal and state constitutions. The district court denied Holloway's motion, and a jury convicted him on both counts. The court of appeals affirmed Holloway's conviction, holding that the statutes did not violate substantive due process or equal protection, and that the statutes did not impose strict liability. State v. Holloway ,
We affirm.
FACTS
On December 21, 2014, Rochester police responded to a phone call from the mother of J.D.-a 14-year-old boy-after she found J.D. in bed with appellant Christopher Lee Holloway, a 44-year-old man. J.D. and Holloway were naked, and Holloway fled after being discovered. J.D. was taken to the hospital, where he told police that he had met Holloway on "Grindr," a dating application on his cell phone. J.D. told police that he and Holloway had exchanged text messages on Grindr for several hours, and that Holloway then asked J.D. if he could come over. Holloway came to J.D.'s mother's house in the middle of the night. In J.D.'s bedroom, Holloway and J.D. engaged in anal and oral sex. Officers later obtained a warrant to search Holloway's cell phone, and this search produced *343evidence that (1) J.D. and Holloway had also engaged in sexual acts on December 20, and (2) while messaging on Grindr, J.D. had told Holloway that he was 18 years old.
Respondent State of Minnesota charged Holloway with two counts-(1) third-degree criminal sexual conduct for "engag[ing] in sexual penetration with ... [a] victim who is at least 13 but less than 16 years of age,"
Before trial, Holloway-being 30 years older than J.D.-brought a motion to declare sections 609.344, subdivision 1(b), and 609.345, subdivision 1(b), unconstitutional because they prevented him from asserting a mistake-of-age defense. The district court denied Holloway's motion, concluding that the statutes violated neither substantive due process nor equal protection. The trial proceeded, and the jury found Holloway guilty on both counts.
Holloway appealed, and the court of appeals affirmed his conviction. Holloway ,
We granted Holloway's petition for review.
ANALYSIS
Holloway raises three issues for us to decide. Each concerns the constitutionality of Minnesota Statutes §§ 609.344, subd. 1(b), 609.345, subd. 1(b).
Section 609.344, subdivision 1(b), makes it a crime to engage in "sexual penetration"
[T]he complainant is at least 13 but less than 16 years of age and the actor is more than 24 months older than the complainant. In any such case, if the actor is no more than 120 months older than the complainant, it shall be an affirmative defense, which must be proved by a preponderance of the evidence, that the actor reasonably believes the complainant to be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not be a defense. Consent by the complainant is not a defense....
*344
Holloway first argues that his right to substantive due process was violated because these statutes prevent him from raising a mistake-of-age defense. Second, Holloway argues that his right to equal protection was violated because the statutes permit an actor "no more than 120 months older than the complainant" to raise a mistake-of-age defense, but prevent him from raising that same defense. Third, he argues that the statutes are unconstitutional because they impose strict liability. We address each argument in turn.
I.
Holloway first argues that Minnesota Statutes §§ 609.344, subd. 1(b), 609.345, subd. 1(b), violate substantive due process by limiting a mistake-of-age defense to defendants who are no more than 120 months older than the complainant.
"Whether a law or government action violates substantive due process is a constitutional question, which we review de novo." State v. Rey ,
The federal and state constitutions provide that the government shall not deprive any person of "life, liberty, or property without due process of law." U.S. Const. amend. XIV, § 1 ; Minn. Const. art. I, § 7. The due process protection provided under the state constitution is "identical to the due process guaranteed under the Constitution of the United States." Sartori v. Harnischfeger Corp. ,
Substantive due process analysis "depends on whether the statute implicates a fundamental right." State v. Bernard ,
A.
Holloway argues that sections 609.344, subdivision 1(b), and 609.345, subdivision 1(b), are unconstitutional because they deny him the fundamental right to have a fair trial and to present a complete defense. Thus, he argues that strict scrutiny should apply. The State argues that no fundamental right is implicated, and that rational-basis review should apply. We agree with the State.
A fundamental right is one that is "objectively, deeply rooted in this Nation's history and tradition." Washington v. Glucksberg ,
The United States Supreme Court has stated that the "primary guide in determining whether the principle in question is fundamental is, of course, historical practice." Egelhoff ,
Thus, in the 160-year history of the state, the mistake-of-age defense that Holloway seeks was available for only 32 years. It cannot be said that Minnesota has a historical practice of recognizing a mistake-of-age defense in statutory rape cases.
*346A second factor in determining whether a claimed right is fundamental is whether it has "uniform and continuing acceptance" across the nation. Egelhoff ,
In sum, Holloway has failed to show that he was deprived of a fundamental right. See Morissette v. United States ,
B.
Having concluded that Holloway does not have a fundamental right to assert a mistake-of-age defense, we apply the rational-basis test to his substantive due process challenge. The challenged statutes are constitutional if they "provide a reasonable means to a permissible objective." Boutin ,
We have previously held that "protect[ing] children from sexual abuse and exploitation" is a legitimate legislative objective. State v. Muccio ,
Plainly, it is not irrational for the Legislature to provide a mistake-of-age defense for only some, but not all, adults. Indeed, one of the purposes of the criminal-sexual-conduct statutes is to protect children from being subjected to sexual penetration or *347sexual contact with adults, a permissible objective. A reasonable way to deter or sanction such conduct-and thereby protect children-is to preclude a mistake-of-age defense for certain adults.
Because precluding a mistake-of-age defense for certain adults is neither arbitrary nor capricious, and is a reasonable means to achieve a permissible objective, we hold that Minnesota Statutes §§ 609.344, subd. 1(b), 609.345, subd. 1(b), do not violate substantive due process under the federal or state constitutions.
II.
We turn next to Holloway's equal protection argument. He argues that Minnesota Statutes §§ 609.344, subd. 1(b), 609.345, subd. 1(b), violate equal protection because, based on the ages of the defendant and the complainant, they allow the mistake-of-age defense for some defendants, but not for others, such as Holloway.
The federal constitution guarantees "equal protection of the laws" to all persons within its jurisdiction. U.S. Const. amend. XIV, § 1. The state constitution guarantees that "[n]o member of this state shall be disenfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers." Minn. Const. art. I, § 2.
We review alleged violations of equal protection de novo. Back v. State ,
A.
"The threshold question in an equal protection claim is whether the claimant is treated differently from others to whom the claimant is similarly situated in all relevant respects." Johnson ,
Holloway, a member of the class of defendants who are not permitted to raise a mistake-of-age defense, argues that, except for the factor of age, he is similarly situated to the class of defendants who are permitted to raise a mistake-of-age defense. We agree.
In the criminal-sexual-conduct statutes, the Legislature has divided the universe of defendants into two classes-those who may assert a mistake-of-age defense, and those who may not. See In re Welfare of Child of R.D.L. ,
B.
Having concluded that Holloway crosses the "similarly situated" threshold, we must next consider whether his equal protection rights have been violated. As with his substantive due process claims, the level of scrutiny applied to his equal protection claim depends on the nature of the challenged statute. Strict scrutiny applies if the challenge "involves a suspect classification or a fundamental right." Greene v. Comm'r of Minn. Dep't of Human Servs. ,
Holloway brings his equal protection claim under both the federal and state constitutions. Because age is not a suspect class, and because Holloway's claim does not implicate a fundamental right, we apply rational basis review to his claim.
Unlike substantive due process, Minnesota's rational-basis test is " 'a more stringent standard of review' than its federal counterpart." In re Durand ,
(1) The distinctions which separate those included within the classification from those excluded must not be manifestly arbitrary or fanciful but must be genuine and substantial, thereby providing a natural and reasonable basis to justify legislation adapted to peculiar conditions and needs; (2) the classification must be genuine or relevant to the purpose of the law; that is there must be an evident connection between the distinctive needs peculiar to the class and the prescribed remedy; and (3) the purpose of the statute must be one that the state can legitimately attempt to achieve.
Russell ,
1.
We first consider whether the state can legitimately attempt to achieve *349the purpose of the statutes. At oral argument, Holloway's counsel conceded that there is a "compelling state interest" in protecting minors. Indeed, this is reflected in our case law. See, e.g. , Muccio ,
2.
We next consider whether the 120-month limitation on the mistake-of-age defense is "manifestly arbitrary." Wegan ,
The limited mistake-of-age defense is not manifestly arbitrary. It fits logically in the statutory framework prohibiting criminal-sexual conduct.
Specifically, no mistake-of-age defense is available for any actor who engages in sexual contact or penetration with a child under the age of 13, and the actor may be imprisoned for up to 30 years. See
This statutory framework shows that the Legislature determined that the younger the child, the greater the legal protection needed. As the legislative history to the 2007 amendment reflects, the Legislature recognized that an actor who is an older teenager or young adult might, in good faith, mistake a 15-year-old for a 16- or 17-year-old while pursuing a romantic relationship. Allowing only a limited mistake-of-age defense balances these legitimate interests, and furthers the overarching purpose of the criminal-sexual-conduct statutes in a manner that is not manifestly arbitrary.
3.
The final requirement of Minnesota's rational-basis test is that "the classification *350must be genuine or relevant to the purpose of the law." Russell ,
Because Minnesota Statutes §§ 609.344, subd. 1(b), 609.345, subd. 1(b), satisfy all three requirements of Minnesota's active-rational-basis test, we conclude that these statutes do not violate the state constitution's guarantee of equal protection. Because Minnesota's rational-basis test is "a more stringent standard of review," Russell ,
III.
Lastly, Holloway argues that Minnesota Statutes §§ 609.344, subd. 1(b), 609.345, subd. 1(b), are unconstitutional because the statutes impose strict liability. Because the statutes describe crimes of general intent, we disagree.
State v. Wenthe ,
The primary clause in section 609.344, subdivision 1, provides that "[a] person who engages in sexual penetration with another person is guilty of criminal sexual conduct in the third degree" if certain circumstances exist. Section 609.345, subdivision 1, has an identical primary clause, except the wrongful act is "engag[ing] in sexual contact." In Wenthe , we observed that "this structure suggests that mens rea attaches to the act described in the primary clause ... and not to the 'attendant circumstances' described later in the statute."
Further, by their plain language, the statutes do not impose any additional mens rea requirement to the element that "the complainant is at least 13 but less than 16 years of age."
Accordingly, we hold that Minnesota Statutes §§ 609.344, subd. 1(b), 609.345, subd. 1(b), do not impose strict liability, but instead require proof beyond a reasonable doubt that the actor had a general intent to engage in sexual penetration or sexual contact with the complainant.
*351CONCLUSION
For the foregoing reasons, we affirm the decision of the court of appeals.
Affirmed.
THISSEN, J., not having been a member of this court at the time of submission, took no part in the consideration or decision of this case.
J.D. testified at trial that, before any sexual activity occurred, he told Holloway that he was only 14. Holloway denied that this conversation took place.
"Sexual penetration" is defined, in relevant part, as: "any of the following acts committed without the complainant's consent, except in those cases where consent is not a defense, whether or not emission of semen occurs: (1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or (2) any intrusion however slight into the genital or anal openings: (i) of the complainant's body by any part of the actor's body or any object used by the actor for this purpose."
"Sexual contact" is defined, in relevant part, as: "any of the following acts committed without the complainant's consent, except in those cases where consent is not a defense, and committed with sexual or aggressive intent: (i) the intentional touching by the actor of the complainant's intimate parts, or ... (iv) ... the touching of the clothing covering the immediate area of the intimate parts, or (v) the intentional touching with seminal fluid or sperm by the actor of the complainant's body or the clothing covering the complainant's body."
Holloway also raised a novel legal argument that a 2014 order from Hennepin County became "binding state law when Hennepin County failed to appeal," and that it was thus error for the Olmsted County district court not to follow that "binding" law. Because Holloway's attorney withdrew this issue at oral argument, we do not consider it here.
Holloway's argument that the mistake-of-age defense is an essential part of his right to present a complete defense is meritless. Because the State did not need to prove that Holloway had knowledge of J.D.'s age, a mistake-of-age defense does not rebut an element of the offense. See United States v. Malloy ,
Actors who engage in sexual penetration in violation of
Actors who engage in sexual contact in violation of
Under the federal constitution, the rational basis test is satisfied if "the classification drawn by the statute is rationally related to a legitimate state interest." City of Cleburne v. Cleburne Living Ctr. ,
See Hearing on S.F. 1144, S. Jud. Comm., 85th Minn. Leg., April 13, 2007 (audio recording) (part 2).
The defense is not available at all when the complainant is a child under the age of 13. See
Holloway also argues that the jury instructions lacked an instruction on intent, and thereby "constituted plain error mandating reversal." But the jury instructions did contain an instruction on intent, accurately stating that "criminal intent does not require proof of knowledge of the age of a minor." Further, the instructions on criminal sexual conduct in the third and fourth degree included, respectively, proof that "the defendant intentionally engaged in sexual penetration" and that "the defendant's act was committed with sexual or aggressive intent."
Reference
- Full Case Name
- STATE of Minnesota v. Christopher Lee HOLLOWAY
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