Sexual assault of an inmate — constitutionality

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Wisconsin Court of Appeals

Criminal

Sexual assault of an inmate — constitutionality

Laurie Blum appeals from a judgment of conviction for second-degree sexual assault of an inmate as a correctional staff member, contrary to Wis. Stat. § 940.225(2)(h) (2009-10). Blum raises several claims. First, she argues that § 940.225(2)(h) is unconstitutionally overbroad.

Second, she asserts that the trial court erroneously interpreted and applied the statutory language excepting staff members from prosecution where the inmate “is subject to prosecution for the sexual contact or sexual intercourse under this section.” Id. Alternatively, she contends that the trial court’s construction of § 940.225(2)(h) renders the statute unconstitutionally vague because it does not allow her to present an affirmative defense to the fact finder. Finally, she argues that the trial court erroneously denied her motion to suppress the custodial statements made to law enforcement officers after her arrest. We disagree with each claim and affirm. This opinion will not be published.

2011AP1741-CR State v. Blum

Dist II, Sheboygan County, Van Akkeren, J., Per Curiam

Attorneys: For Appellant: Eippert, Christopher M., Sheboygan; For Respondent: Kassel, Jeffrey J., Madison; DeCecco, Joseph R., Sheboygan