State v. Massey

Citations

• 2024 ND 118

Syllabus

When a defendant is charged with gross sexual imposition under N.D.C.C. § 12.1-2003(1)(a) requiring the State prove a defendant touched various parts of the victim's body in a manner constituting a sexual act does not specify a culpability level, the jury is then required to find the actions were willful. Even if the State makes a \golden rule\ argument when the issue has not been preserved for appeal, the defendant still must demonstrate the comments had a prejudicial effect to require reversal under obvious error.