People ex rel. W.T.M.

Summary

The South Dakota Supreme Court reversed a juvenile delinquency adjudication based on alleged sexual contact under SDCL 22-22-7. The court held that the evidence, even viewed in the light most favorable to the State, did not establish beyond a reasonable doubt that the juvenile acted with the specific intent to arouse or produce sexual gratification.

Holdings

1. The evidence was insufficient to prove beyond a reasonable doubt that W.T.M. touched C.K. with the specific intent to arouse or produce sexual gratification.
2. The juvenile court erred by adjudicating W.T.M. delinquent because the State failed to prove an essential element of the charged offense beyond a reasonable doubt.

Questions Presented

1. Whether the evidence was sufficient to prove beyond a reasonable doubt that W.T.M. acted with the specific intent to arouse or produce sexual gratification, as required for sexual contact under SDCL 22-22-7 and SDCL 22-22-7.1.

Disposition

reversed