Summary
The Supreme Court of Wyoming held that the defendant's act of masturbating in front of a vulnerable adult did not constitute "cruel punishment" under the statutory definition of abuse. Because the State failed to present sufficient evidence of abuse under Wyo. Stat. Ann. § 6-2-507, the court reversed the conviction.
Topics
Practice areas
Questions Presented
- Whether sufficient evidence established that Dougherty's conduct constituted abuse of a vulnerable adult under Wyoming Statutes section 6-2-507.
- Whether masturbating in front of the victim constituted cruel punishment under Wyoming Statutes section 35-20-102(a)(ii)(C), which supplies the applicable definition of abuse.
Holdings
- The term "punishment" in Wyoming Statutes section 35-20-102(a)(ii)(C) is clear and unambiguous and is ordinarily understood in a disciplinary context.
- Masturbating in front of the vulnerable adult was not punishment because it was not committed in a disciplinary context; therefore, the evidence was insufficient to establish abuse under the statutory definition relied on by the State.
Key quotations
“Dougherty's act of masturbating in front of the victim was not committed in a disciplinary context and therefore could not be considered punishment as used in Wyo. Stat. Ann. § 35-20-102(a)(ii)(C).” (¶ 8)
“Accordingly, because Dougherty's conduct does not fit within the definition of "punishment," we find that there was insufficient evidence of "abuse" and therefore the conviction under Wyo. Stat. Ann. § 6-2-507 cannot stand.” (¶ 8)
Factual background
The victim was recovering from knee replacement surgery in the Acute Rehabilitation Center of Cheyenne Regional Medical Center. Dougherty, who did not know the victim, entered her room, masturbated in front of her, and left. The State relied on the statutory definition of abuse as the intentional or reckless infliction of cruel punishment resulting in physical or emotional harm or pain.
Procedural history
Dougherty was charged under Wyoming Statutes section 6-2-507 after masturbating in front of a vulnerable adult patient in a hospital. A jury convicted him of intentional abuse of a vulnerable adult, and the district court imposed a sentence of eight to ten years' imprisonment. The Wyoming Supreme Court reversed because the evidence did not establish conduct falling within the statutory definition of abuse.