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State v. Kroll8/3/2004
s of rehabilitation and the protection of the victim and society," there must be some connection or relationship between the underlying offense and the sentencing limitation imposed. Ommundson , 11. Moreover, we held that the terms "rehabilitation" and "protection of the victim and society" referenced within the sentencing statutes must be read in the context of the offense charged. Ommundson , 11.
In this case, we agree with the State that the restrictions related to gambling are reasonable, given the nature of the offense of issuing bad checks, and Kroll's evident lure to easy money-making schemes. As reflected in the PSI, Kroll had been charged with issuing or negotiating a bad check on multiple occasions, and admitted to the arresting officer that he committed the crime in the instant case because he "was out of work, and the scheme was an easy way to get money."
Furthermore, at the time of sentencing Kroll owed in excess of $13,000 in restitution and held no job. As the State notes, the lure of easy money has long been a hallmark of gambling. Given Kroll's demonstrated willingness to enter into easy money-making schemes, we conclude that the conditions restricting Kroll's right to gamble bear a sufficient connection to the underlying offense, and are reasonably related to his rehabilitation, as well as to the protection of society.
We also conclude that the District Court did not err in requiring Kroll to undergo a sexual risk assessment as a condition of sentence. The record shows that Kroll purchased a significant amount of pornographic materials using bad checks. Thus, the nature of the materials purchased with the illegal funds established a sufficient connection between the crime and the condition requiring Kroll to undergo a sexual risk assessment. Because our sentencing statutes seek to rehabilitate the offender and protect society from further similar conduct, we hold that it was proper for the District Court to impose such a condition as part of Kroll's suspended sentence.
We affirm the "civil restriction" condition numbers 3, 6, 8, 13, 14, and 20, as well as the conditions related to gambling and requiring Kroll to undergo a sexual risk assessment. However, we reverse condition numbers 1 and 10 of the written judgment, and order these conditions to be stricken from the written judgment on remand.
JIM RICE
We concur:
JOHN WARNER
PATRICIA O. COTTER
JIM REGNIER
JAMES C. NELSON
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