State v. Julianne Graham

¶ 1. The State appeals the dismissal of three counts of sexual exploitation of a minor, in violation of 13 V.S.A. § 3258. The charges were filed against defendant, a high school employee, based on her having engaged in sexual acts with a student over the summer break between defendant’s school contracts. The issue is whether the circumstances of this case support the charges. We conclude that they do not, and affirm.

¶ 2. In reviewing the grant of a motion to dismiss, “we consider whether the evidence, taken in the light most favorable to the State, excluding modifying evidence, would fairly…