Jaco v. State of Indiana

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Defendant James David Jaco seeks a declaration that in a prosecution for child molesting committed by deviate sexual conduct, the trial court must instruct the jury that the State is required to prove that the defendant acted with the intent to arouse or satisfy sexual desires. The defendant in another case we decide today, D’Paffo v. State, 778 N.E.2d 798 (Ind. 2002), makes the same claim. For the reasons set forth in D’Paffo, we reject Jaco’s claim.

Background

James David Jaco was convicted of child molesting, a Class A felony under Ind. Code §…