State v. Kolibas

¶ 1. Defendant Robert Kolibas, convicted of lewd and lascivious conduct with a child and two counts of aggravated assault, claims the court, in its instructions to the jury, eliminated the element of intent from the State’s burden of proving the aggravated assault charges. He is correct. We reverse and remand for a new trial on the two aggravated assault charges. Because defendant does not challenge his conviction for lewd and lascivious conduct, we do not disturb that conviction.

¶ 2. Defendant is the father of twelve-year-old A.K., who invited her thirteen-year-old friend, T.F., to a…