State v. Ortega-RodriguezAnnotate this Case
The Supreme Court reversed the decision of the court of appeals holding that Minn. Stat. 609.342(1)(h) does not require the State to prove that “sexual penetration” occurred, holding that the plain language of the statute requires proof of “sexual penetration," and therefore, the State presented insufficient evidence to support Defendant's conviction.
Defendant was convicted of first-degree criminal sexual conduct under section 609.342(1)(h) for engaging in genital-to-genital contact with G.M. On appeal, Defendant argued that the State presented insufficient evidence to support the conviction because the statute requires proof of “sexual penetration” and the State did not prove sexual penetration. The court of appeals rejected Defendant’s argument and affirmed. The Supreme Court reversed and remanded to the district court for further proceedings, holding that the plain language of subdivision 1(h) unambiguously requires proof of sexual penetration.