In the Interest of D.S., Minor Child. D.S., Minor Child
2014 Iowa Sup. LEXIS 99
| Iowa | 2014Background
- D.S. was adjudicated delinquent for harassment in the third degree under Iowa Code 708.7(1)(b) based on a February 20, 2013, after-school encounter with classmate T.B.
- Police Chief Orr observed D.S. and T.B. in proximity; D.S. used insulting language toward T.B. and prior conduct toward T.B. was noted by witnesses.
- T.B. provided a written statement and testified about the confrontation, including threats and insults by D.S.; inconsistencies between statements and testimony were noted by the juvenile court.
- The juvenile court adopted a broad definition of 'intimidate' as 'to make timid or fearful' and concluded D.S. acted with no legitimate purpose but with intent to undermine T.B.'s self-confidence.
- The Court of Appeals reversed, interpreting 'intimidate' as 'to inspire or affect with fear,' and found insufficient evidence under that narrower reading.
- The Iowa Supreme Court, applying de novo review, held the State failed to prove D.S. purposefully had personal contact with T.B. with the specific intent to threaten, intimidate, or alarm, resulting in dismissal of the delinquency adjudication.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove harassment | State contends D.S. purposefully contacted T.B. with intent to threaten, intimidate, or alarm. | D.S. argues there was no purposeful contact or requisite specific intent. | Evidence insufficient; no purposeful contact with required intent |
| Constitutional challenge to harassment statute | State argues statute withstands constitutional scrutiny; broad definitions are permissible. | D.S. asserts First Amendment protections bar the statute as applied. | Constitutional issue not reached; remaining grounds require dismissal on statutory sufficiency |
Key Cases Cited
- State v. Button, 622 N.W.2d 480 (Iowa 2001) (defendant committed purposeful personal contact even when detained; choice to be uncooperative led to contact)
- State v. Evans (Evans I), 672 N.W.2d 328 (Iowa 2003) (purposeful personal contact where defendant approached victim in store and engaged repeatedly)
- State v. Evans (Evans II), 671 N.W.2d 720 (Iowa 2003) (repeated, intentional initiation of personal contact with victim)
- State v. Reynolds, 670 N.W.2d 405 (Iowa 2003) (purposeful personal contact following repeated incident interactions)
- State v. Neuzil, 589 N.W.2d 708 (Iowa 1999) (defines general vs. specific intent in context of crime interpretation)