## Facts

- Matthew Jackson, an adult gymnastics instructor in Anchorage, formed a romantic relationship with M.S., a 13-year-old student, in summer 1987.
- Around the time M.S. turned 14 (December 1987 or January 1988), Jackson had sexual intercourse with her for the first time at his home.
- From about December 1987 through March 1988, Jackson had sexual intercourse with M.S. on approximately five or six additional occasions and engaged in oral sex with her on several occasions, including during a trip to Seattle.
- The encounters did not involve force or overt coercion; the relationship was described as mutually attractive, but Jackson occupied a position of trust and authority as the victim’s teacher.
- Sexual contact ended in March 1988, apparently at Jackson’s initiative.
- In summer 1988, M.S. reported the relationship; Jackson encouraged her to report, admitted the conduct, and accepted responsibility.
- The disclosure caused M.S. emotional difficulties and strain within her family.

## Issues

1. Whether a sentence of three years’ imprisonment fully suspended, with probation, outpatient treatment, and 1,000 hours of community service for a first-felony offender convicted of second-degree sexual abuse of a minor was too lenient where the offense involved repeated sexual acts with a 13–14-year-old student.

## Decision

- The Court of Appeals held the sentence was too lenient and formally disapproved it.
- The court did not increase or modify the sentence in this appeal, but disapproval served as guidance for sentencing in similar cases.

## Legal Principles

- Sentencing must reflect Alaska’s sentencing goals, including rehabilitation, deterrence (individual and general), isolation when necessary, reaffirmation of societal norms (community condemnation), and restitution.
- For sexual abuse of a minor involving repeated sexual acts and an adult’s abuse of a position of trust, deterrence and community condemnation ordinarily require some period of unsuspended incarceration, even for a first felony offender.
- Lack of physical force and an offender’s cooperation and acceptance of responsibility may mitigate, but do not convert repeated teacher–student sexual abuse of a young teenager into a probationary case.
- A sentence that falls outside the range of outcomes approved in comparable cases may be disapproved as clearly too lenient on the state’s appeal.

## Conclusion

The court disapproved the fully suspended sentence because repeated sexual intercourse and oral sex with a 13–14-year-old student, compounded by the offender’s teacher–student authority relationship and the resulting harm, required at least some actual incarceration to satisfy general deterrence and community condemnation, notwithstanding the offender’s first-offender status and post-disclosure cooperation.


State v. Jackson, 776 P.2d 320 (Alaska Ct. App. 1989)