Czyzewski v. New Hampshire Department of Safety
165 N.H. 109
N.H.2013Background
- Petitioner Justin Czyzewski sought NH court declaration he need not register as a sex offender.
- Trial court found his conviction for attempted sexual assault under RSA 632-A:4 implicated registration under RSA 651-B.
- Petition arose because he resides in Pennsylvania and would be required to register there if NH would require it.
- Trial court deemed him an “offender against children” under RSA 651-B:2 and denied relief.
- Court reviews statutory interpretation de novo and affirm the trial court’s denial.
- Court addresses whether an attempted crime can trigger registration where the victim was under 18 or believed to be under 18 at the time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RSA 651-B:1, VII(a) requires an actual under-18 victim or includes attempts. | Czyzewski argues no actual victim; statute requires an actual victim. | State contends statute covers attempts where victim under 18 or believed to be under 18. | Statute includes attempts; belief suffices; affirm. |
Key Cases Cited
- In re Athena D., 162 N.H. 232 (2011) (statutory interpretation; de novo review; plain meaning)
- State v. McGurk, 163 N.H. 584 (2012) (interpretation of criminal statutes within overall scheme)
- People v. Buerge, 240 P.3d 363 (Colo. Ct. App. 2009) (attempt crimes may lack a realized victim)
- Colbert v. Commonwealth, 624 S.E.2d 108 (Va. Ct. App. 2006) (solicitation of a minor; victim concept)
- Spivey v. State, 619 S.E.2d 346 (Ga. Ct. App. 2005) (interpretation of sex offense statutes and victims)
- People v. DeDona, 954 N.Y.S.2d 541 (N.Y. App. Div. 2012) (no requirement of actual victim for certain intent-based offenses)