of Appeals Office of Appellate Courts
Ellison, Attorney General, Saint Paul, Minnesota; and Travis
Smith, Murray County Attorney, Slayton, Minnesota, for
Cathryn Middlebrook, Chief Appellate Public Defender, Richard
Schmitz, Assistant Appellate Public Defender, Saint Paul,
Minnesota, for respondent.
Minnesota Statutes § 617.247, subd. 9 (2010), which
requires an enhanced conditional-release term for a person
previously convicted under section 617.247 or other statutes
related to criminal sexual conduct, is unambiguous.
imposition of an enhanced conditional-release term was not an
abuse of discretion by the district court.
case requires that we decide whether the two-tier
conditional-release term contained in the child-pornography
statute, Minn. Stat. § 617.247, subd. 9 (2010), is
ambiguous. We conclude that it is not, and that it was
properly applied in this case. We therefore reverse the
decision of the court of appeals.
Overweg has two criminal convictions at issue here: one for
second-degree criminal sexual conduct, Minn. Stat. §
609.343, subd. 1(a) (2018), and the other for possession of
pornographic works involving minors, Minn. Stat. §
617.247, subd. 4(a) (2010).
first conviction is for sexually touching the four-year-old
sister of Overweg's girlfriend, conduct which took place
on August 13, 2009. Overweg was charged with both first- and
second-degree criminal sexual conduct. Pursuant to a plea
agreement, Overweg pleaded guilty to the second-degree charge
on January 11, 2010. The court dismissed the first-degree
charge, stayed adjudication of the plea, and placed Overweg
on probation under several conditions-including completion of
an inpatient sex-offender treatment program.
failed to complete the program, and thus violated his
probation. On August 22, 2011, the district court lifted the
stay of adjudication, convicted Overweg of second-degree
criminal sexual conduct, stayed imposition of a sentence, and
placed him on probation for 10 years. Because Overweg again
violated his probation, on January 9, 2012, the district
court vacated the stay of imposition and sentenced Overweg to
36 months, executed immediately, with a conditional-release
term of 10 years.
second conviction arises from events surrounding the repair
of a computer. In March 2010, D.B., the father of S.B. (a
minor acquainted with Overweg), took a computer to a
computer-service firm in Slayton. Both S.B. and Overweg
previously had access to the computer. D.B. sought repair
services because suddenly the computer was password-protected
and he was unable to access any files or programs. The
servicing technician discovered child pornography on the
computer and notified law enforcement.
told investigators that (1) Overweg had showed him how to
download child pornography from the internet onto the
computer, which was located in S.B.'s room; (2) Overweg
had downloaded several child-pornography videos onto the
computer; and (3) Overweg and S.B. had watched the videos of
child pornography together. Overweg later admitted to law
enforcement that ...