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STATE v. BUSSMANN

No. A05-1782.

741 N.W.2d 79 (2007)

STATE of Minnesota, Respondent, v. John Joseph BUSSMANN, Appellant.

Supreme Court of Minnesota.

Rehearing Denied November 28, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Minnesota Attorney General, Saint Paul, MN, and Michael O. Freeman, Thomas A. Weist, Hennepin County Attorneys, Minneapolis, MN, for Respondent.

John. G. Westrick, Kirk M. Anderson, Saint Paul, MN, for Appellant.

Heard, considered, and decided by the court en banc.

OPINION

HANSON, Justice.

Appellant John Joseph Bussmann was convicted of two counts of third-degree criminal sexual conduct by a member of the clergy, in violation of Minn.Stat. § 609.344, subd. 1(l)(ii) (2006) (hereafter the "clergy sexual conduct statute"). The clergy sexual conduct statute makes it a crime for a member of the clergy to engage in sexual penetration with a person who is seeking or receiving "religious or spiritual advice, aid...

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