State v. Ness

OPINION

MEYER, Justice.

Appellant, Paul Kermit Ness, was charged with second-degree criminal sexual conduct, in violation of Minn.Stat. § 609.343, subd. 1(a) (2004), for inappropriately touching an 11-year-old boy during an art class Ness taught. Ness waived his right to a jury trial and the case was tried *680to the court. Evidence admitted at trial included sexual misconduct by Ness 35 years earlier with a boy of similar age to the victim in the charged offense. The court found Ness guilty as charged and sentenced him to 25 years’ supervised probation.

I

Ness, a retired elementary school teacher…