Legal Opinion

G.D.B. v. State

Court of Appeals of Utah

Decided February 22, 2019No. 20170257-CAPublishedCited by 2 opinions

1Opinion of the Court

MORTENSEN, Judge:

¶1 G.D.B., a minor, appeals the juvenile court's adjudication finding him delinquent on one count of sexual abuse of a child for touching his four-year-old niece's vagina and trying to put his penis "in [her] bum." G.D.B. argues that the State failed to prove the touching was done with the intent to arouse or gratify G.D.B.'s sexual desires, as required by Utah Code section 76-5-404.1. We affirm.

BACKGROUND1

Revelation of Abuse

¶2 G.D.B. was seven-and-a-half years older than the four-year-old victim, his niece (Victim).2 G.D.B. and Victim spent a lot of time together. Victim's…

2Cases cited12 opinions

  1. J. D. B. v. North CarolinaSupreme Court of the United States · 2011
  2. State v. HolgateUtah Supreme Court · 2000
  3. State v. SchofieldUtah Supreme Court · 2002
  4. State v. TuellerCourt of Appeals of Utah · 2001
  5. State v. RobertsonCourt of Appeals of Utah · 2005

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. AliresCourt of Appeals of Utah · 2019
  2. In re J.A.M.Court of Appeals of Utah · 2020

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