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MATTER OF WELFARE OF D.L.K.

No. CX-84-1181.

381 N.W.2d 435 (1986)

In the Matter of the WELFARE OF D.L.K., Child.

Supreme Court of Minnesota.

February 14, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Sp. Asst. Atty. Gen., St. Paul, Marvin Ketola, Carlton County Atty., Terri L. Hammerding, Asst. County Atty., Carlton, for appellant.

Thomas G. Dunnwald, Indian Legal Assistance, Duluth, for D.L.K.

Heard, considered and decided by the court en banc.

WAHL, Justice.

D.L.K., a 14-year-old juvenile, came up behind a female classmate at school, tapped her on the shoulder and, when she turned around, grabbed and pinched her breast hard enough to cause pain. The Carlton County Court held this conduct constituted criminal sexual conduct in the fourth degree in violation of Minn.Stat. § 609.345(c) (1984) and by reason of this violation adjudicated D.L.K. a delinquent.1 D.L.K. appealed...

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