State v. Nickerson

WATHEN, Justice.

Defendant William Nickerson appeals from his conviction in Superior Court (Pe-*1324nobscot County) for unlawful sexual contact. On appeal he argues that the Superi- or Court erroneously denied his request for a jury instruction distinguishing sexual contact from a sexual act. We agree that the court erred and we vacate the conviction.

The facts may be briefly summarized as follows: On August 25,1985, the complainant, then age 11, was babysitting in the defendant’s home. The defendant, then age 28, was at home asleep. The complainant testified that she went into the defendant’s…