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The decision arose from a Winona County case involving a 15-year-old boy accused of having sex with a 13-year-old. State law makes sexual penetration of a person between the ages of 13 and 16 by someone 24 months older than that person a crime. Conviction of this third-degree criminal sexual conduct requires registration as a predatory offender.
The teen appealed the case, saying that if he had to register as a predatory offender, he should also be entitled to a jury trial, said Winona County Attorney Chuck MacLean. But because he was a juvenile, he is entitled only to a court trial unless the crime was especially egregious, MacLean said. This case was simply a delinquency matter, he said.
Assistant County Attorney Kevin O’Laughlin also argued the case for the county.
“We anticipated this result because the previous case law is quite clear on the matter,” MacLean said. “The Court of Appeals is obligated to follow previous rulings.”
I told you so wrote on Jun 7, 2007 3:58 PM: