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STATE v. LESIK

No. 2008AP3072-CR.

780 N.W.2d 210 (2009)

2010 WI App 12

STATE of Wisconsin, Plaintiff-Respondent, v. Christopher J. LESIK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed December 1, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Anthony D. Cotton of Kuchler & Cotton Law Offices, Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of J.B. Van Hollen, attorney general and Maura FJ Whelan, assistant attorney general.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 PETERSON, J.

Christopher Lesik appeals a judgment of conviction for sexual assault of a child. Lesik argues the sexual assault of a child statute is unconstitutionally overbroad because the definition of sexual intercourse does not explicitly exclude conduct occurring for the purpose of providing medical care. He also contends the instruction the circuit court gave the jury did not fully cover his theory of defense. We disagree and affirm.

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