State v. Biteler

Summary

The Supreme Court of South Dakota held that a remote breath-test submission and accompanying photograph constituted a “report” under SDCL 22-11-9(3), the false-reporting statute. The court concluded that Biteler intentionally caused the transmission of false information to law enforcement through the remote breath-testing system. It reversed the circuit court and reinstated the magistrate court’s judgment of conviction.

Holdings

1. Under SDCL 22-11-9(3), a report means a communication that furnishes information relating to an offense or other incident within law enforcement's official concern. The statute does not limit a report to a particular medium, format, or type of communication.
2. Biteler's remote breath-test result and photograph constituted a report because they communicated information about her compliance with the 24/7 testing order, and the transmission through AMS to law enforcement satisfied the statutory transmission requirement.
3. SDCL 22-11-9(3) does not require that the false communication be unilateral, unprompted, or voluntary in the manner argued by Biteler; the defendant's knowing submission of the remote test, with awareness that it would transmit information to law enforcement, satisfied the statute.

Questions Presented

1. Whether the breath-test result and accompanying photograph constituted a report under SDCL 22-11-9(3).
2. Whether Biteler intentionally caused the transmission of a false report to law enforcement when the remote-testing device automatically transmitted the result and photograph through the monitoring service.
3. Whether SDCL 22-11-9(3) requires a unilateral, unprompted, or otherwise voluntary affirmative communication initiated by the defendant.

Disposition

reversed