Wednesday, February 2, 2011

Class A or Class B?

From an e-mail received from LRE:

We received a question regarding Class A or B? Adult or Minor on page 84.  Below is the response from one of the attorneys who worked on the case.  We believe everyone should be on the "same page."

Janet

 
I believe you are correct that the statute designates the offense to be a class A misdemeanor if committed against a minor.  However, in drafting the problem, we prepared the Information as if it is a class B misdemeanor.  Changing the charge to a class A would add an extra element of proof.  Therefore,  for purposes of the competition, it will be prosecuted as a class B misdemeanor.
 

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