Background
Larry Doss pled guilty to possession of a firearm as a felon under federal law. His prior conviction for sexual battery under Indiana law was classified as a crime of violence, leading to an enhanced base offense level. The district court sentenced him to forty-one months of imprisonment followed by two years of supervised release.
The court’s reasoning
The court applied the categorical approach to compare the Indiana statute with the generic offense of a forcible sex offense. It rejected the argument that the definition of forcible sex offense is limited to offenses against minors. The court adopted the ordinary meaning of forcible sex offense as nonconsensual sexual contact. Because the Indiana statute criminalizes touching a person unaware of the act, it inherently prohibits consent. Therefore, the conviction qualifies as a crime of violence.
We conclude that Doss was convicted of a forcible sex offense within the meaning of the Guidelines.
Opinion at 12
What it means going forward
The ruling clarifies that nonconsensual sexual battery convictions under state laws prohibiting touching unaware persons qualify as crimes of violence for federal sentencing enhancements.