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SVP – “Serious Difficulty Controlling Behavior”

State v. Ray A. Schiller, 2003 WI App 195
For Schiller: Jack E. Schairer, SPD, Madison Appellate


¶11. However, a “serious difficulty in controlling behavior” is not about whether a person has the ability to make choices….¶12. The Crane Court further indicated that we must not only consider whether the person has the ability to make choices, but the degree to which those choices are driven by a mental disorder: [S]erious difficulty in controlling behavior … when viewed in light of such features of the case as the nature of the psychiatric diagnosis, and the severity of the mental abnormality itself, must be sufficient to distinguish the dangerous sexual offender whose serious mental illness, abnormality, or disorder subjects him to civil commitment from the dangerous but typical recidivist convicted in an ordinary criminal case. Id. at 413.

¶13. Furthermore, the Crane Court went on to hold that pedophilia is a mental disorder that by definition includes a diagnosis of lack of control….

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