State v. Roger A. Hantz
2013 MT 311
| Mont. | 2013Background
- Hantz was convicted in Fergus County District Court of two counts of felony sexual abuse of children under § 45-5-625(1)(c), MCA, for knowingly counseling a minor online to engage in sexual conduct.
- Eades conducted online enticement investigations, posing as a 14-year-old; Hantz communicated with Lissa via TeenSpot and Yahoo IM, eventually sharing explicit webcam footage.
- Chats over several months showed Hantz soliciting and engaging in masturbation with what he believed to be a 14-year-old; there were collateral chats with other personas claiming to be young girls.
- Fremont, California authorities arrested Hantz and found transcripts of chats and airline ticket searches relevant to Montana travel plans.
- The District Court admitted 2,500 pages of collateral chats as non-testimonial but probative to motive, intent, and absence of mistake, with limiting instructions; Hantz challenged overbreadth and admissibility on constitutional grounds.
- The Montana Supreme Court affirmed the conviction, addressing constitutionality of the statute and the evidentiary ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MT §45-5-625(1)(c) is constitutionally overbroad. | Hantz contends the statute sweeps protected speech. | Hantz argues it criminalizes broad online sexual information. | statute is not overbroad as applied or on its face. |
| Whether the collateral chats were properly authenticated and admissible. | State properly authenticated chats as involving Hantz and minors. | Hantz argued potential prejudice and lack of proper foundation. | Chats admitted with limiting instructions; proper authentication and 404(b) analysis supported admission. |
| Whether the statute violates the dormant Commerce Clause. | State argues regulation of interstate communications is permissible to protect children. | Hantz relies on Pataki to argue internet-based commerce issues. | Statute narrowly tailored with knowing element; does not unduly burden interstate commerce. |
Key Cases Cited
- Reno v. American Civil Liberties Union, 521 U.S. 844 (U.S. 1997) (requires knowing transmission to minors; departs from blanket censorship.)
- State v. Nye, 283 Mont. 505 (Mont. 1997) (overbreadth must be real and substantial.)
- State v. Ross, 269 Mont. 347 (Mont. 1995) (overbreadth analysis framework.)
- Pataki v. Pataki, 969 F. Supp. 160 (S.D.N.Y. 1997) (internet into interstate commerce; interjurisdictional regulation concerns.)
- State v. Berosik, 2009 MT 260 (Mont. 2009) (404(b) admissibility standard.)
- State v. Guill, 2010 MT 69 (Mont. 2010) (limits on 404(b) evidence and probative force.)