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STATE v. ROSE

No. 13628.

324 N.W.2d 894 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Richard ROSE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 13, 1982.

Attorney(s) appearing for the Case

Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

David M. Husby, Pennington County Public Defender, Rapid City, for defendant and appellant.

FOSHEIM, Chief Justice.

Appellant was convicted by a jury of sexual contact with a child under fifteen in violation of SDCL 22-22-7.1 He was sentenced to five years in the South Dakota State Penitentiary and appeals from the judgment. We affirm.

SDCL 22-22-7.1 defines the term sexual contact used in SDCL 22-22-7. It specifies that the requisite intent is arousal or gratification of the sexual desire of either party. Before trial...

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