State v. Bariteau

[¶ 30.] I respectfully dissent because the majority has rewritten the statutory definition of sexual contact. SDCL 22-22-7 prohibits defendants, sixteen years of age or older, from engaging in sexual contact with children. SDCL 22-22-7.1 defines the .types of sexual contact that are prohibited. It prohibits a defendant’s “touching ... of the breasts of a female or the genitalia or anus of any person[.]” Id. These quoted words prohibit a defendant’s “touching of’ — not a defendant’s “touching with” — the specified body parts. Additionally, the specified body parts do not include a child’s…