State v. Vandermeer

VANDE WALLE, Chief Justice.

[¶ 1] Christopher Vandermeer appealed from a criminal judgment entered after a jury found him guilty of gross sexual imposition with a person less than fifteen years old. We affirm, concluding the district court did not abuse its discretion in permitting the victim to testify concerning her age and date of birth over Vander-meer’s foundation and hearsay objections. We also conclude the district court properly excluded Vandermeer’s mistake of age defense and properly applied N.D.C.C. § 12.1-20-01(1).

I

[¶2] Vandermeer was charged with gross sexual imposition with a…