State v. Grunke

¶ 1. The State appeals from an order dismissing one count of attempted third-degree sexual assault contrary to Wis. Stat. § 940.225(3) (2005-06) 1 against Nicholas Grunke, Alexander Grunke, and Dustin Radke. The State asserts that the circuit court erred in concluding that § 940.225(7) allows prosecution for the sexual assault of a dead body only if the defendant committed the sexual assault in a series of acts including acts that caused the death of the victim. The State argues that § 940.225(7) unambiguously allows prosecution for the sexual assault of a dead body without limitation to the…