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STATE v. VANDER ESCH

No. 01-1342.

662 N.W.2d 689 (2002)

STATE of Iowa, Plaintiff-Appellee, v. Lawrence Merle VANDER ESCH, Defendant-Appellant.

Court of Appeals of Iowa.

November 15, 2002.

Attorney(s) appearing for the Case

Francis Goodwin of Baron, Sar, Goodwin, Gill & Lohr, Sioux City, for appellant.

Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, and Mark J. Schouten, County Attorney, for appellee.

Heard by VOGEL, P.J., and MAHAN and EISENHAUER, JJ.

MAHAN, J.

Lawrence Vander Esch appeals his conviction, based on a guilty plea, on four counts of sexual abuse in the third degree, in violation of Iowa Code sections 709.1 and 709.4(1) (2001). Vander Esch claims section 709.1(1) does not permit a conviction for sexual abuse on a theory of fraud or deception. He also claims the language of the statute does not give fair notice of the conduct prohibited by the statute. We affirm.

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