State v. Hall
149 N.M. 546
N.M. Ct. App.2011Background
- Defendant was California convicted in 1999 of the misdemeanor annoying or molesting a child under Cal. Penal Code § 647.6(a)(1), requiring California registration.
- Defendant moved to New Mexico and did not register as a sex offender in NM.
- In 2008, Defendant was indicted for failure to register as a sex offender under NM § 29-11A-4(A).
- Defendant moved to dismiss, arguing California offense is not equivalent to any NM sex offense; district court denied; he entered a conditional guilty plea reserving appellate rights.
- The sole issue on appeal is whether the California conviction makes Defendant a sex offender under SORNA,/and whether he must register in NM; the court reverses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the California conviction an NM 'sex offense' under SORNA? | State argues it is equivalent to CSCM under §29-11A-3(E). | Hall contends 647.6(a)(1) is not equivalent to any listed offense and does not make him a sex offender. | Not equivalent; Defendant not a NM sex offender. |
| Are annoying or molesting a child and CSCM equivalent under SORNA when evaluating elements? | Annoying/molesting serves similar protective purpose for children as CSCM. | Equivalence requires substantially identical elements; CSCM requires touching, which 647.6 lacks. | Not equivalent; lack of touching means not equivalent under SORNA. |
Key Cases Cited
- State v. Duhon, 138 N.M. 466 (N.M. Ct. App. 2005) (statutory interpretation is de novo; legislative intent governs)
- State v. Torres, 140 N.M. 230 (N.M. Ct. App. 2006) (strictly apply plain meaning unless absurd result)
- State v. Marshall, 136 N.M. 240 (N.M. Ct. App. 2004) (plain meaning governs unless absurd or unreasonable)
- State v. Lewis, 144 N.M. 156 (N.M. Ct. App. 2008) (elements-focused inquiry to determine equivalence)
- People v. Memro, 905 P.2d 1305 (Cal. 1995) (California offense lacks required touching in 647.6(a)(1))
- People v. Lopez, 965 P.2d 713 (Cal. 1998) (47 Cal.Rptr.2d 195)
- People v. Gaines, 205 P.3d 1074 (Cal. 2009) (discussion of 647.6 lacking lewd touching element)
- State v. Kerby, 156 P.3d 704 (N.M. 2007) (analysis of protective purposes; elements matter for equivalence)
- State v. Weisser, 150 P.3d 1043 (N.M. Ct. App. 2007) (corpus delicti and supporting evidence considerations)