Simants v. State

OPINION

Judge ALLARD.

Carrie D. Simants was thirty-three years old when she had sexual intercourse with RH., a seventeen-year-old boy who was living in her home. At the time, R.H. had been adjudicated a delinquent, and Simants had agreed to oversee his compliance with his delinquency case plan. A jury therefore found that Simants was in a "position of authority" over RH. and convicted her of one count of second-degree sexual abuse of a minor. 1 Simants was sentenced to 8 years with 3 years suspended (5 years to serve) and 10 years' probation for this offense.

On appeal, Simants challenges her…