State v. Bariteau

KERN, Justice.

[¶ 1.] On June 25, 2015, a jury convicted Timothy J. Bariteau of sexual contact with a child under sixteen years, of age in violation of SDCL 22-22-7. Bariteau appeals his conviction alleging the circuit court erred in refusing to grant his motion for judgment of acquittal on the grounds of insufficiency of the evidence. He also alleges that the prosecutor engaged in misconduct by making a misstatement of law during closing arguments, which Bariteau claims constitutes plain error. We affirm.

BACKGROUND

[¶ 2.] In sixth grade, H.S. started attending youth group at Morningside…