Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Detention of Keck

Court of Appeals of Iowa

October 23, 2019

IN RE THE DETENTION OF AUSTIN KECK, AUSTIN MICHAEL KECK, Respondent-Appellant.

          Appeal from the Iowa District Court for Wapello County, Myron L. Gookin, Judge.

         Austin Keck appeals from the district court's finding that he was "presently confined" for purposes of the sexually violent predator act. AFFIRMED.

          Thomas J. Gaul of State Public Defender's Office, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Timothy M. Hau, Assistant Attorney General, for appellee State.

          Heard by Bower, C.J., and May and Greer, JJ.

          BOWER, CHIEF JUDGE.

         Austin Keck appeals from the district court's finding that he was "presently confined" for purposes of the sexually violent predator act, Iowa Code chapter 229A (2017). Finding no error of law, we affirm.

         I. Background Facts and Proceedings.

         When Keck was thirteen years old, he had sexual intercourse with an eight-year-old after telling her he would give her candy. Keck stated that as a juvenile he also had anal sex with a five-year-old because "[h]e was the closest person."

         On December 17, 2014, Keck-now an adult-was convicted of enticing a minor, in violation of Iowa Code section 710.10(2).[1] The district court imposed a suspended sentence. While on probation, Keck began messaging minor females and exchanging photographs with them in violation of the terms of his probation. He was placed in a halfway house, and his probation was eventually revoked. He was ordered to serve his previously-suspended five-year prison term.

         On May 23, 2017, the State filed a petition for civil commitment as a sexually violent predator (SVP) pursuant to Iowa Code section 229A.4(1).[2] The State alleged: "The Respondent is presently confined pursuant to the Wapello County District Court's sentencing order at the Iowa Medical and Classification Center, Oakdale, Iowa, for a sexually motivated offense."

         Keck filed a motion to dismiss, arguing:

[He] was not initially confined to prison for Enticing Away a Minor Under 16. He was given probation, then sent to the residential facility, and only after the residential facility was he sent to prison, for violations of probation that are not alleged to have been sexual in nature. The "contacting of minor females in a sexual manner" alleged in the State's petition, for which he was sent to the residential facility is not alleged to be a sexually ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.