State v. Lampman

SCHULTZ, Justice.

The issue in this appeal is what, if any, offenses are lesser and included when a defendant is charged with committing a sex act with a child under the age of twelve in violation of Iowa Code section 709.3(2) (1981) (all subsequent citations are to the 1981 Code). The trial court instructed the jury on the offense of sexual abuse in the second degree but refused defendant’s request for an instruction on assault 1 and sexual abuse in the third degree. 2 The trial court entered judgment and sentence on second degree sexual abuse based on the jury’s finding of guilt. We affirm.

Ev…