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IN THE SUPREME COURT OF IOWA
No. 04 / 06-0971 Filed May 9, 2008 IN RE THE DETENTION OF BRYAN M. PIERCE, STATE OF IOWA, Appellant. Appeal from the Iowa District Court for Warren County, William H. Joy, Judge.

State appeals a district court determination finding respondent is not a sexually violent predator. INSTRUCTIONS. REVERSED AND REMANDED WITH

Thomas J. Miller, Attorney General, and Linda J. Hines and Denise A. Timmins, Assistant Attorneys General, for appellant.

Mark C. Smith, State Appellate Defender, and Matthew S. Sheeley, Assistant State Public Defender, for appellee Bryan Pierce.

2 STREIT, Justice. Bryan Pierce has a history of sexually abusing young children. Prior to his release from prison, the State filed a petition to have him committed as a sexually violent predator ("SVP"). The case was tried to the district court. While the court found Pierce suffered from pedophilia and antisocial personality disorder, it held the State failed to prove Pierce is likely to "currently" engage in predatory acts constituting sexually violent offenses if not confined in a secure facility. The State appealed. As an initial matter, we find the State has the right to appeal a determination an individual is not an SVP. Moreover, we find the State was not required to prove Pierce was likely to commit a sexually violent offense in a given time frame. We remand for the district court to

reexamine the evidence in light of our ruling. I. Facts and Prior Proceedings.

Pierce was forty-four years old at the time of his commitment hearing. He has an extensive criminal history which includes

convictions for burglary, interference with official acts, criminal mischief, trespass, eluding, assaulting a police officer, and domestic assault. He has also been convicted of three sexually violent offenses. See Iowa Code

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