In re State v. Shannon S.
New York Court of Appeals
980 N.E.2d 510 (2012)

- Written by Katrina Sumner, JD
Facts
Shannon S. (defendant) had a long criminal history involving sexual crimes: (1) at age 19, he held an acquaintance down on a bed and touched her; (2) at age 24, he had sex with a 15-year-old girl after giving her alcohol and marijuana; (3) at age 26, he raped and sodomized a 13-year-old-girl; and (4) at age 30, he dated a 16-year-old girl, which led to her pregnancy. Shannon pled guilty to each charge and, consequently, received short sentences. Shannon’s first sentence was time served, and his second sentence was conditional discharge and a fine. Shannon received one to three years for the third offense, and two to four years for the fourth offense. While Shannon was incarcerated, the New York State Office of Mental Health (the state) (plaintiff) asked a psychologist to examine Shannon. The psychologist diagnosed Shannon with paraphilia not otherwise specified (NOS), which he defined as relating to recurring sexual urges or conduct that involves mental or physical suffering of nonconsenting partners, and determined that Shannon suffered from a mental abnormality as defined in New York’s law permitting the civil commitment of convicted sex offenders with mental abnormalities. The law defined mental abnormality as a predisposition toward committing sexual offenses. The state submitted a petition for Shannon’s commitment to a mental institution. There was a probable-cause hearing and a nonjury trial. At the trial, another expert testified and diagnosed Shannon not only with paraphilia NOS, but with hebephilia, which did not appear in the Diagnostic and Statistical Manual of Mental Disorders (DSM). An expert testifying for Shannon disagreed that there was sufficient evidence for a diagnosis of mental abnormality. The trial court ruled in favor of the state. A dispositional hearing resulted in a finding that Shannon was a dangerous sex offender who needed to be confined, and he was committed indefinitely to a treatment facility after he had served his time for his criminal conviction. An appellate court affirmed. Shannon appealed, arguing that a diagnosis not listed in the DSM presented insufficient evidence supporting a finding of mental abnormality or for a diagnosis meeting the statutory definition of a mental abnormality.
Rule of Law
Issue
Holding and Reasoning (Jones, J.)
Dissent (Smith, J.)
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