*1 rule, injured discovery when the party de- the harm resulted from discovers that wrongdoing. The scenario
fendant’s discovery is that such occurred per- surgery of 1981 when was
December Metzger appellant Carolyn and
formed on Metzger engaged the ser-
appellant Charles attorney
vices of an in connection
legal against appellees. action judgment summary affirm the would appellees Hussain the Medical Cen-
for and summary
ter for Women reverse Kalke.
judgment for CAMPBELL, Sr.,
Robert C. (Defendant),
Appellant Wyoming,
The STATE of (Plaintiff).
Appellee
No. 85-53.
Supreme Wyoming. Court of
Nov. 1985. Jr., Moench,
Douglas J. of Cole (defend- Moench, Cheyenne, appellant for ant). McClintock, Gen., A. Atty. Gerald
A.G. Gen., Ren- Stack, Atty. W. Deputy John Gen., Mary B. neisen, Atty. Sr. Asst. Gen., Guthrie, appellee Atty. Asst. for Sr. (plaintiff). * ROSE, THOMAS, C.J., and
Before CARDINE, ROONEY, JJ. BROWN ROONEY, Justice. appeals judgment
Appellant from pled guilty to entered he sentence after charging information violation * RetiredNovember
426
3-105, legislature. Sanches, words the issues on supra; W.S.1977.1 He v. Sanches appeal as Schrader, Wyo., follows: 872, Geraud v. 531 P.2d 878, cert. nom
“1. THE PRINCIPLES OF STATU- denied sub Wind River Indi Association, A TORY CONSTRUCTION DICTATE Ward., Education Inc. v. OF W.S. 205, CONSTRUCTION 14-3-105 904, § 423 U.S. 46 96 S.Ct. L.Ed.2d 134 (1977 ED.) THAT REPUBLISHED (1975). A statute is which uncertain and ‘CHILD’ WOULD DEFINE AS USED susceptible than meaning to more (1977 IN W.S. 14-3-105 REPUB- ambiguous. State, v. Wyo., Attletweedt ED.) A LISHED AS PERSON UNDER 812, (1984). 684 P.2d 814 The word “child” (16) THE AGE OF OF SIXTEEN YEARS in ambiguous in 14-3-105 is that the AGE. ages encompassed in the word are un “2. AN INCURABLE DEFECT IN certain, legislative and the intent as to such THE IS INFORMATION JURISDIC- ages cannot be ascertained from the lan DEPRIVES THE TIONAL AND COURT guage of the statute. JURISDICTION, A OF POINT WHICH State, Recently, in v. Wyo., McArtor 699 MAY BE AT ANY RAISED POINT IN (1985), P.2d presented 288 were we THE TRIAL PROCEEDINGS. THIS presented. same issue here There we COURT WITHOUT WAS JURISDIC- resorted to rules of construction and ascer- TION THE TO PROCEED AGAINST tained that of the definition “such child” in THE DEFENDANT WHERE ALLEGA- originally enacted and inas TIONS OF THE INFORMATION 1977, effect in June of could by be obtained CHARGED THE DEFENDANT WITH immediately reference preceding TAKING INDECENT OF A LIBERTIES child, characterization of which was “under ‘CHILD’ WAS WHO SIXTEEN eighteen years.” of AT THE YEARS OF AGE TIME OF THE ALLEGED OCCURRENCE. However, is not controlled A “3. THE ENTRY OF PLEA the rule of used in OF construction McArtor GUILTY NOT DOES PRECLUDE OB- because the in this case incident occurred JECTION THE TRIAL 27, TO COURT’S March both 1984 and 14-3-105 as AND IT’S JURISDICTION DENI- immediately preceding well as the [SIC] 14-3- (Em- AL A TO OF MOTION DISMISS.” subsequent 1042 were in 1978 amended phasis original.) changes the McArtor One of the incident. resulting from the amend- Appellant’s first issue concerns ment was of the removal reference to a the meaning of the word “child” as used in custodian; parent, guardian or another primary objec W.S.1977. change was the of the omission word construing tive in statute is ascertain Thus, modifying “such” “child.” as the legislative ment of intent. Sanches v. is no now reads there constructive Sanches, 61, P.2d Wyo., 626 62 If immediately preceding reference to the language of the statute is clear and longer controls, statute. Since the modifier is no unambiguous, language such present, we cannot use rule of statu- there is no need to resort to rules of con tory struction the intent used McArtor to ascer- to determine of construction W.S.1977, W.S.1977, provides: provides: 2. Section now Section immodest, knowingly taking "Any person im- solicits, “Anyone procures knowingly who any moral or indecent liberties child or encourages anyone of sixteen encouraging knowingly causing child (16) years engage pen- in illicit sexual encourage another child to com- to cause or etration or as defined in W.S. sexual intrusion or indecent mit with him immoral act is felony, upon guilty 6-4-203 is convic- conviction shall imprisoned tion shall be for a term not more one hundred dollars be fined not less than (5) years.” than five ($100.00) than one thousand dollars nor more ($1,000.00) penitentiary imprisoned in the (10) years, or both." not more than ten
427 intent, legislative and we must resort prevail tain in the section will general age designation over the purpose. other of those rules for in 14-1- “ * * * City W.S.1977. Springs Rock duty It is of courts to endeav- Association, Wyo., Police Protection by every rule of construction available (1980); Department P.2d Reve- give meaning to ascertain of and full Irvine, Wyo., nue and Taxation v. *3 legislative prod- force and effect to the * * * ” 1295, (1979). specific P.2d 1299 Where a Department uct. Yeik v. Rev- of age statute, is in the age not set forth Taxation, 965, Wyo., enue and 595 P.2d statute, i.e., general set forth in the (1979). 968-969 1-101, apply. shall subject All on a statutes must be « * * * w¡n iegisiature pre- not be pari construed materia. State ex rel. * * * sumed futile things. to intend Holtz, Wyo., Motor Vehicle Division v. 674 “ * * * contrary to It is reason to ascribe 732, (1983). P.2d 735 meaning nullify to a statute that will principle “It is a fundamental of statu operation, capable its in- any if of other tory to ascertain the construction * * * terpretation. A statute should be meaning given of a law all relat statutes pro- construed in such a fashion that one ing subject having to the same or * * * ” destroy vision will not another. general purpose shall be same read (Citations omitted.) DeHerrera v. Herr- constituting with it connection * n era, 479, (1977). Wyo., 565 P.2d * ” Stringer law. Board of reading Accordingly, provisions County Big Commissioners Horn of 25, Chapter of Wyoming, Session Laws of Wyo., County, 347 P.2d 1978, in pari giving materia full effect Chapter Wyo Laws of Session act, applies to it 14-1-101 as to the 1978,3 ming, is in of effect recodification act, references to “child” or “minor” in the dealing the statutes with children. The set, specific age other than when another of provides: first section it is to an nine age individual under the of Age Majority. Upon “14-1-101. be- of years. teen set Section 14-3-105 does not (19) coming of years age, nineteen an Therefore, age. another the word age majority individual reaches the of under “child” in that section refers to one rights acquires and as an adult all age years. nineteen of imposed or responsibilities granted holding is we dispositive, Because this law, except or common as other- appellant’s second will not need to address provided by wise law.” and third issues. However, ages spe- the act sets other Affirmed. cific sections wherein references are made other to “child” “minor” or similar Justice, concurring, CARDINE, specially terms, some of are defined as “minor which ROSE, Justice, joins. in which (17) age years” under the of seventeen statute, indecent Although the 14-2-203; age eigh- “child under the of (December 1978 Re- W.S.1977 (18) 14-2-301; years” teen complement the more placement), does not (16) “anyone age under of sixteen “ comprehensive sexual assault statutes 14-3-104; ‘[cjhild’ any years” means body relating of create a law reasonable (16)” person of sixteen “ crimes, must, case, in this concur sex 3—202(a)(iii); ‘[cjhild’ per- means a § 14— lib- opinion the court. The indecent of who, by minority, is legally son reason of con- which are here erties statutes with we subject parental, guardianship similar “ cerned, 14-3-105, W.S.1977, provides: 14-5-101(a); ‘[cjhild’ control” § immod- “Any knowingly taking person who is under the means individual est, 6—201(a)(iii). course, or indecent liberties immoral majority” of Of § 14— through Sections 14-9-106. any knowingly causing child or or en- restrict publication disclosure or couraging any child to cause or encour- information reasonably likely to identify age another child to commit with him the minor victim.
immoral or indecent act is of a conviction shall be fined “(d) A release of a name or other infor- less than one hundred dollars mation public in violation of the ($100.00) nor more than one thousand proscriptions of this section shall not ($1,000.00) dollars imprisoned in the stand as a prosecution bar to the of a penitentiary not more than ten defendant nor grounds be for dismissal years, or (Emphasis added.) both.” charges against a defendant. not, liberties statute does “(e) As used in this section ‘minor victim’ statute, within the tell us the person means a under the age nine- “child.” Sections (19) years.” added.) teen (Emphasis *4 W.S.1977, also concern against crimes chil- dren and must be legislature read with the The recently indecent enacted 14-3- § W.S.1977, statute in determining age the of a 1985 Cum.Supp., to enable “child” by legislature. as intended the district Sec- courts to withhold sexual miscon- 14-3-104, W.S.1977, tion itself, within es- duct details public from the request at the tablishes the age of a years: child as 16 of “minor victims.” This statute defines
“Anyone
solicits,
“minor
being persons
victims” as
procures
up
who
or
to the
know-
age
ingly
of 19
encourages anyone
years, and it only provides
under the
for
in
years
engage
being
sixteen
to
nondisclosure
cases
prosecuted
in illicit
un-
of
sexual
penetration
der
or sexual intrusion as
and
§§
W.S.1977.1
legislature
defined in
W.S. 6-4-203
of a
would not have defined
upon
“minor
conviction shall
im-
victim”
be
as it did in
14-3-106 un-
§
prisoned for a term not
less
more than
14-3-104
five
or
14-3-105 involved vic-
§
§
(5) years.” (Emphasis added.)
up
tims
to the
years.
of 19
Section
14-3-104 cannot be one of the substantive
But,
14-3-106, W.S.1977, establishes the
§
statutes incorporating
19-year
the
age lim-
age of a
years,
child as 19
providing in
because,
it from
terms,
by
14-3-106
its
it
part:
§
operates only in
persons
eases where
under
“(a)
filing
Prior to the
of an information
age 16 are
Consequently,
victimized.
only
charging
indictment
a violation of
14-3-105
employ
can
19-year age
the
§
14-3-102(a)(ii), (iii)
(v)(D)
W.S.
(E),
limit of
14-3-106.
I can only
conclude
14-3-104 or
neither the names
that the word “child” in
14-3-105 means
person
the
accused or the victim nor
the same as “minor victim” in
14-3-106.
other information reasonably likely
appears,
It
therefore,
legislative
the
intent
to disclose
identity
the
of the victim shall
respect
with
to a “child” with whom inde-
be
negligently
released or
allowed to be
proscribed
cent liberties are
under
14-3-
released
public by
any public em-
105 can
any person
be
under the
of 19
ployee except as
by
judge
authorized
the
years.
justice
jurisdiction
over the crimi-
charges.
nal
The name of
person
My concurrence in this case does not
may
accused
public
be released to the
to
change my dissenting position in McArtor
aid or facilitate an arrest.
State, Wyo.,
applied narrowly to cases covered un- in McAr- assault, suggested
der sexual
tor, For exam- it still creates unfairness.
ple, 40-year-old authority if a man uses his 13-year-old
to make sexual with a contact