State v. A.M.

¶1 We reverse a conviction for first degree child rape because the required element of “sexual intercourse” was not established. The juvenile court found that the defendant penetrated the victim’s buttocks but not his anus. Because the requirements for remanding to enter a conviction for an attempted rape are also not met, and double jeopardy would be violated by remanding to allow the court to convict on the alternative charge of child molestation, the case must be dismissed with prejudice.

¶2 Appellant AM was 11 years old on March 27, 2008. He had two younger brothers, KM (about 9) and JM…