State v. Ortega-Rodriguez

THISSEN, Justice.

In this case, we are asked to determine whether Minn. Stat. § 609.342, subd. 1(h) (2018), requires the State to prove that "sexual penetration" occurred. The court of appeals held that the statute does not require such proof. Because we conclude that the plain language of the statute requires proof of "sexual penetration," we reverse the decision of the court of appeals and remand to the district court for further proceedings.

FACTS

The relevant facts are as follows. Starting in September 2015, appellant Juan Manuel Ortega-Rodriguez began sexually abusing 10-year-old G.M. by…