State v. Glaser

Summary

The North Dakota Supreme Court affirmed Gary Michael Glaser’s criminal judgment and the district court’s order requiring him to register as a sex offender after pleading guilty to indecent exposure. The court held that the sex-offender-registration statute’s definition of “predatory” applied and that the district court had discretion, but was not required, to consider the psychosexual risk assessment in deciding whether to deviate from registration. The court also concluded that the record established a sufficient factual basis for the guilty plea under North Dakota Rule of Criminal Procedure 11(b)(3).

Holdings

1. For purposes of determining whether an individual must register as a sex offender, the definition of "predatory" in N.D.C.C. § 12.1-32-15(1)(d) governs. The district court therefore correctly treated an act directed at a stranger as predatory conduct under the registration statute.
2. The phrase "may deviate" in N.D.C.C. § 12.1-32-15(2)(b) confers discretion rather than imposing a duty. Although the district court could consider the psychosexual risk assessment under N.D.C.C. § 12.1-32-15(4), it was not required to exercise that discretion, and its decision to require registration was not an abuse of discretion.
3. The district court did not commit obvious error in accepting Glaser's guilty plea. A factual basis may be established from anything appearing in the entire record, and the court's review of the psychosexual assessment and victim-impact statement, specification of the crime, and verification that Glaser admitted the allegation were sufficient.

Questions Presented

1. Whether the district court abused its discretion by applying the sex-offender-registration statute's definition of predatory conduct rather than the definition in the civil-commitment statute.
2. Whether the district court was required to consider Glaser's psychosexual risk assessment and exercise discretion to deviate from sex-offender registration.
3. Whether the district court committed obvious error under North Dakota Rule of Criminal Procedure 11(b)(3) by accepting Glaser's guilty plea without expressly determining a factual basis.

Disposition

affirmed