State v. Rick

OPINION

GILDEA, Chief Justice.

The State of Minnesota challenges a decision of the court of appeals reversing respondent Daniel James Rick’s conviction of attempted first-degree assault by communicable disease, in violation of Minn. Stat. § 609.2241 (2012). A jury found Rick guilty of attempted first-degree assault by transferring a communicable disease, in violation of MinmStat. § 609.2241, subd. 2(2), which applies to the “transfer of blood, sperm, organs, or tissue.” But the jury found Rick not guilty of violating Minn.Stat. § 609.2241, subd. 2(1), which applies to “sexual penetration ...…