Derksen v. State

URBIGKIT, Justice.

An issue of first impression is presented in this appeal asking whether the offense of taking immodest, immoral or indecent liberties with a child is a lesser included offense of second-degree sexual assault. Appellant, Frank W. Derksen (Derksen), contends it was plain error to permit the lesser included offense instruction from which his conviction resulted. We agree.

I. ISSUES

Appellant states multiple issues for this court’s consideration:

ISSUE I

Was it plain error to allow jury instruction no. 12 which stated that taking immodest, immoral, or indecent liberties with a minor…