OPINION
MEYER, Justice.
Appellant, Paul Kermit Ness, was charged with second-degree criminal sexual conduct, in violation of Minn.Stat. § 609.343, subd. 1(a) (2004), for inappropriately touching an 11-year-old boy during an art class Ness taught. Ness waived his right to a jury trial and the case was tried
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