State v. Gerstner

¶1 After trial by jury, Michael Gerstner was convicted of two counts of felony sexual assault in the Eighth Judicial District Court, Cascade County. He appeals raising the following issues:

¶2 Issue 1: Is §45-2-101(67), MCA (2005), defining “sexual contact,” unconstitutionally vague and therefore void?

¶3 Issue 2: Did the District Court err in instructing the jury on the mental state of knowingly?

¶4 Issue 3: Did the District Court abuse its discretion when it refused instructions on misdemeanor assault as a lesser included offense of sexual assault?

¶5 Issue 4: Did the District Court err when it…