IN RE WELFARE OF B.A.H.

No. A12-1347.

829 N.W.2d 431 (2013)

In the Matter of the WELFARE OF B.A.H., Child.

Court of Appeals of Minnesota.

April 22, 2013.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Janet Reiter , Chisago County Attorney, Beth A. Beaman , Anne M. Zimmerman , Assistant County Attorneys, Center City, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Danail Milkov Mizinov , Special Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by STAUBER, Presiding Judge; BJORKMAN, Judge; and TOUSSAINT, Judge.


OPINION

TOUSSAINT, Judge.*

On appeal from the order adjudicating him delinquent, appellant argues that, as applied to him, a boy under age 16 who engaged in sexual penetration with his first cousin, also a boy under age 16, Minn. Stat. § 609.342, subd. 1(g) (2010), violates due process because it encourages arbitrary and discriminatory enforcement and it violates equal protection when only appellant was prosecuted, even...

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