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Criminal Law: Child Molestation-Age of Child Victim
Staff Report//February 12, 2020//
Defendant appealed from his convictions for various sexual abuse crimes against two victims. Defendant argued that the trial court erred in precluding evidence that the victims had been abused by someone other than defendant and erred in denying his motion for judgment of acquittal on his charge of molestation of a child less than 12 years old.
Where the evidence was undisputed that the child victim was 12 years and 10 months old at the time of the abuse, the trial court erred in not convicting defendant on the lesser included offense of third-degree child molestation.
Judgment is affirmed in part and reversed and remanded in part.
State v. Friend (MLW No. 74470/Case No. SD36008 – 5 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Appealed from circuit court, Scott County, Satterfield, J.
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