317 P.3d 584
Wyo.2014Background
- Perkins pleaded Alford guilty to two counts of promoting prostitution, one count of conspiracy to commit first-degree sexual assault, and one count of aggravated assault and battery on a pregnant woman after long-running sexual and physical abuse of his girlfriend and their children.
- Record included a Presentence Investigation (PSI) and victim impact statement describing repeated sexual abuse of the couple’s child and violent conduct toward the pregnant victim.
- Sentencing: 10–15 years imprisonment on the conspiracy count; suspended terms and ten years probation on the remaining counts, consecutive to the prison term.
- District court imposed 37 probation conditions, including a "no contact" order barring Perkins from contacting the victims and the minor children (his own children) until they reach 18.
- Perkins appealed, arguing the no-contact condition was not reasonably related to rehabilitation and unconstitutionally infringed his parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by imposing a probation condition prohibiting contact with Perkins’ minor children | The no-contact condition is not reasonably related to rehabilitation and unconstitutionally infringes Perkins’ fundamental parental rights | The condition is reasonably related to rehabilitation, deterrence, and public protection given Perkins’ history of sexual and violent abuse of the victims | Affirmed — court did not abuse discretion; no-contact condition reasonably related to penal goals and appropriately tailored (limited to the victims’ minor years) |
Key Cases Cited
- Jones v. State, 41 P.3d 1247 (Wyo. 2002) (probation conditions must be reasonably related to rehabilitation, the offense, or deterrence)
- Magnus v. State, 293 P.3d 459 (Wyo. 2013) (sentencing courts may consider victim statements, PSIs, and other factors about the defendant)
- Quilloin v. Walcott, 434 U.S. 246 (U.S. 1978) (parent–child relationship is a constitutionally protected interest)
- United States v. Knights, 534 U.S. 112 (U.S. 2001) (probationers’ rights are diminished and courts may impose reasonable conditions that curtail freedoms)
- State v. Ehli, 681 N.W.2d 808 (N.D. 2004) (upheld no-contact prohibition between child sexual-abuser and minors despite parental relationship)
- People v. Devorss, 277 P.3d 829 (Colo. Ct. App. 2011) (upheld specific no-contact condition barring a child abuser from contact with minors)