State v. Blom

SCOTT, Justice.

This is a pretrial appeal by the state pursuant to Minn.R.Crim.P. 29.03, subd. 1 (1983), from an order of the district court dismissing the first of two counts of a complaint charging defendant with criminal sexual conduct in the first and second degree, Minn.Stat. §§ 609.342(a) and 609.-343(a) (1982) (sexual penetration of and sexual contact with a person under 13 years of age by a person more than 36 months older). The issue raised by the appeal is whether penetration is required before an act of cunnilingus constitutes “sexual penetration,” as that term is defined in section…