State v. Pennington

LACAGNINA, Judge.

Albert Leroy Pennington, accused in 1985 of molesting his six-year-old great-granddaughter in 1984 by rubbing her genitalia through her clothing, successfully argued to the trial court that his conduct was not a violation of A.R.S. § 13-1410.

Appealing from the order of dismissal, the state argues Pennington’s acts, touching a child’s genitalia through her clothing, constitutes child molestation within the meaning of A.R.S. § 13-1410 as it existed before legislative amendment in 1985.

We agree and reverse the order of dismissal and remand to the trial court for reinstatement of…