from the Iowa District Court for Polk County, Gregory D.
Brandt, District Associate Judge.
defendant seeks discretionary review of the requirement he
participate in sex offender treatment as part of his
D. Zenor of Grefe & Sidney, P.L.C., Des Moines, for
J. Miller, Attorney General, and Kevin Cmelik, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., Bower, J., and Scott, S.J.
Hauck sought discretionary review of the conditions imposed
upon him as part of his probationary sentence following his
guilty plea to assault causing bodily injury or mental
illness. See Iowa Code § 708.2(2) (2015).
Following Hauck's guilty plea, the district court
deferred the imposition of judgment and placed Hauck on
probation for one year, imposing the requirement that he
complete sex offender treatment. On appeal Hauck claims (1)
the court abused its discretion in imposing treatment absent
a finding of fact that the assault offense was sexually
motivated, (2) sex offender treatment and the related
conditions violate his constitutional rights, and (3) his
guilty plea was not knowing and voluntary because the court
failed to inform him of the possibly of the imposition of sex
Background Facts and Proceedings.
Hauck was initially charged with assault with the intent to
commit sexual abuse, but he reached a plea agreement with the
State to plead guilty to the lesser offense of assault
causing bodily injury or mental illness, and the State agreed
not to resist his request for a deferred judgment. The
written guilty plea form provided:
In order to establish a factual basis I ask the court to
accept as true the minutes of testimony, the date of the
offense is 9/18/15 and I admit I did the following: made
physical contact with [the victim] which was insulting or
offensive and resulted in depression and/or anxiety.
minutes of testimony, the victim asserted Hauck grabbed [her]
groin, fingers touching [her] vagina with thumb on outside
and squeezed, then moved [his] hand forward and touch [her]
clitoris with his fingers and rubbed in a slightly circular,
up and down motion. [She] was in complete shock and
couldn't fathom what was happening to defend [her]self or
say anything. He took a few steps forward and turned around
minutes also contain a police report of Hauck's
interview, where he asserted he did not touch the
victim's groin but simply poked her in the stomach with
time the court accepted the guilty plea, it ordered a sex
offender evaluation through the department of correctional
services. No objection was made to this order. Prior to
sentencing, Hauck's counsel filed a memorandum that
argued the court should grant Hauck a deferred judgment and
challenged the court's consideration of the sex offender
evaluation. At sentencing, the court granted Hauck a deferred
judgment, placed him on probation for one year, and also
ordered him to complete sex offender treatment based on the
recommendation of the sex offender evaluation. Hauck applied
for discretionary review. The supreme court granted the
application and stayed the district court proceedings pending
the resolution of this appeal.
Scope and ...