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MATTER OF PEOPLE EX REL. W.T.M.

No. 25375.

785 N.W.2d 264 (2010)

2010 SD 45

The PEOPLE of the State of South Dakota in the Interests of W.T.M., Minor Child and Concerning T.K. & T.M., Respondents.

Supreme Court of South Dakota.

Decided June 16, 2010.

Attorney(s) appearing for the Case

Michael G. Miller, Minnehaha County Public Defender's Office, Marty J. Jackley, Attorney General, Sioux Falls, South Dakota, Attorneys for appellant, W.T.M.

Frank Geaghan, Assistant Attorney General, Pierre, South Dakota, Attorneys for appellee, State of South Dakota.

GILBERTSON, Chief Justice.

[¶ 1.] W.T.M. was adjudicated delinquent after the juvenile court found beyond a reasonable doubt that W.T.M. touched his penis to one side of another child's buttocks with the specific intent to arouse or produce sexual gratification in violation of SDCL 22-22-7. We reverse.

FACTS

[¶ 2.] On June 21, 2008, eleven-year-old W.T.M. was playing with C.K., an eight-year...

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