OPINION
DAVIES, Judge.
This is an appeal by the state from an order dismissing a complaint charging fourth degree criminal sexual conduct (sexual contact by a psychotherapist) under Minn.Stat. § 609.345, subd. 1(h) (1990). We affirm.
FACTS
Respondent Steven Ohrtman, the pastor of a Mankato church, was charged with fourth degree criminal sexual conduct allegedly committed against J., a parishioner, during a counseling session.
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