State v. Puapuaga

Leao Puapuaga appeals his conviction of indecent liberties. He argues that, because his victim was asleep, the State failed to present sufficient evidence of an element of the crime, that the victim was "physically helpless." We affirm.

Facts

Puapuaga resided in a boarding house with four other persons, one of whom was the victim in this case. The house consisted of a common kitchen and living areas, and separate bedrooms with locking doors. The victim was acquainted with Puapuaga, but did not socialize with him. Only once, when the victim suffered from bronchitis, did she allow Puapuaga into…