Rupert v. State

OPINION

STATON, Judge

Adam Rupert appeals his conviction for child molesting, a Class B felony. 1 Rupert raises two issues on appeal, which we restate as:

I. Whether the scrotum is a “sex organ” as contemplated by Ind.Code § 35-41-1-9 (1993).

II. Whether the evidence was sufficient to support the conviction.

We affirm.

I

Whether the Scrotum is a Sex Organ

The facts most favorable to the verdict reveal that Rupert nibbled and sucked on the scrotum of his girlfriend’s one-year-old child. Rupert contends that his conduct does not constitute child molesting under IC 35^2-4-3(a). IC 35-42-4-3(a) defines…