Legal Opinion
People ex rel. W.T.M.
South Dakota Supreme Court
Decided June 16, 2010No. 25375PublishedCited by 3 opinions
1Opinion of the Court
GILBERTSON, Chief Justice.
[¶ 1.] W.T.M. was adjudicated delinquent after the juvenile court found beyond a reasonable doubt that W.T.M. touched his penis to one side of another child’s buttocks with the specific intent to arouse or produce sexual gratification in violation of SDCL 22-22-7. We reverse.
FACTS
[¶ 2.] On June 21, 2008, eleven-year-old W.T.M. was playing with C.K., an eight-year-old boy, and a young girl in a neighborhood park across from C.K’s house. The three children played “pirates” together before W.T.M. and C.K. played a “truth or dare” game outside the park behind a house in…
2Cases cited6 opinions
- State v. TofaniSouth Dakota Supreme Court · 2006
- State v. HolzerSouth Dakota Supreme Court · 2000
- State v. LovejoyNorth Dakota Supreme Court · 1990
- People ex rel. W.Y.B.South Dakota Supreme Court · 1994
- State v. HilpipreCourt of Appeals of Iowa · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Matter of People Ex Rel. WtmSouth Dakota Supreme Court · 2010
- State v. TooheySouth Dakota Supreme Court · 2012
- in the Matter of D.C.H., a Juvenile, Texas Court of Appeals, 5th District (Dallas)2022