2010AP905-CR State v. Campbell

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Sentencing
No-contact orders

A court may order that a defendant have no contact with someone even if that person was not the victim of the crime.

“Campbell was convicted of first-degree sexual assault of a child based on allegations that he abused his daughter. The police reports attached to the criminal complaint established that Campbell exposed his son to the sexual abuse of his daughter. Campbell’s daughter told a social worker that Campbell sexually assaulted her while her little brother was home. She also told the social worker that her little brother would sometimes come into the room while the sexual assault was occurring.”

“The potential emotional harm associated with observing Campbell’s sexual misconduct is sufficient to make his son a victim of the crime for purposes of Wis. Stat. § 973.049(2). Furthermore, we agree with the circuit court that, by allowing his son to witness the sexual assaults, Campbell has put his son at risk of ‘modeling’ this behavior and growing up to become sexually abusive. Accordingly, because the circuit court could reasonably conclude Campbell’s son was a victim of Campbell’s crime, § 973.049(2) gave the circuit court legal authority to impose the no-contact provision as a condition of Campbell’s entire sentence, both the initial confinement and extended supervision portions.”

Affirmed.

Recommended for publication in the official reports.

2010AP905-CR State v. Campbell

Dist. III, Pierce County, Duvall, J., Peterson, J.

Attorneys: For Appellant: Phillips, Steven D., Madison; For Respondent: O’Brien, Daniel J., Madison; O’Boyle, John M., Ellsworth

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