State v. Frankfurth

[¶ 31] I agree with the conclusion that the district court did not err when it arrested judgment. For the crime of gross sexual imposition under N.D.C.C. § 12.1-20-03(l)(c), “knowing” the victim was unaware of the sexual act is an element of an offense as defined by our legislature. N.D.C.C. § 12.1 — 01—03(l)(c). Under N.D.R.Crim.P. 7(c), this element must be in the information. Failure to charge an offense is a basis for an arrest of judgment under N.D.R.Crim.P. 34. I write separately to note my belief that this decision should not preclude district courts from analyzing the failure to…