Juvenile Law: Delinquency Finding-Sexual Misconduct-Sufficiency of Evidence

Where a juvenile challenged a judgment finding him to be delinquent, the evidence showed that the juvenile sent a pornographic photo to a minor, but the juvenile court erred in finding that the juvenile sent a photo of his own genitals to the minor, and nothing in the record demonstrated that the juvenile exposed his own penis to support the offense, which if committed by an adult, constituted first-degree sexual misconduct.

Victim’s Testimony

Dissenting opinion by Ahuja, J.: “I respectfully dissent. Unlike the majority, I believe the testimony of the victim K.C. is sufficient, standing alone, to support a finding that D.G.E. sent her a picture of his penis. The evidence was therefore sufficient to support the circuit court’s determination that D.G.E. committed an act which would have constituted the offense of first-degree sexual misconduct if committed by an adult. Because D.G.E.’s other arguments for reversal are meritless, I would affirm the judgment of the circuit court.”

Judgment is reversed.

In the Interest of: D.G.E. v. Juvenile Officer (MLW No. 74922/Case No. WD82856 – 26 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Appealed from circuit court, Morgan County, Hamner, J. (Craig A. Johnston, Columbia, for appellant) (Robert J. Seek, Eldon, for respondent).