A-18-1099, In re Interest of Michael R.
Scotts Bluff County, County Court Judge James M. Worden
Attorney for Appellant: Bell Island (Island Law Office, PC, LLO)
Attorney for Appellee: Danielle Larson (Scotts Bluff County Attorney’s Office)
Juvenile Action: adjudication
Action Taken by Trial Court: The county court, sitting in its capacity as a juvenile court, adjudicated the appellant as child within the meaning of Neb. Rev. Stat. § 43-247(1) based upon its determination that the juvenile had committed the offense of attempted third degree sexual assault.
Assignments of Error on Appeal: The juvenile appeals contending that there was insufficient evidence to support the court’s adjudication of him for attempted third degree sexual assault.
A-18-1099, In re Interest of Michael R., a juvenile case, to be argued 9/10/2019 at Concordia University.
Michael R. is a high school student. During a class while a video was playing, he was rubbing that back of a female classmate. That classmate stated that Michael moved his hand toward her breast but she pushed his hand back with her arm. On another day, and in another class, another video was playing. Again, Michael was rubbing this same classmate’s back. Michael again tried to touch the victim’s breast and she pushed his hand away. However, this time, Michael continued to attempt to touch his classmate’s breast and she had to push his hand away at least three times. Due to these events, a petition was brought in the Scotts Bluff County Court, sitting in its capacity as a juvenile court, alleging that Michael was a child within the meaning of Neb. Rev. Stat. § 43-247(1) (Reissue 2016) because he had committed offenses including attempted third degree sexual assault.
The juvenile court in each county has jurisdiction of “[a]ny juvenile who has committed an act other than a traffic offense which would constitute a misdemeanor or an infraction under the laws of this state, or violation of a city or village ordinance, and who, beginning July 1, 2017, was eleven years of age or older at the time the act was committed.” § 43-247(1).
One of the ways that a person can commit attempted third degree sexual assault is by attempting to subject another person to sexual contact without the consent of the victim and not causing serious personal injury to the victim. See, Neb. Rev. Stat. 28-201 (Reissue 2016) (criminal attempt); Neb. Rev. Stat. § § 28-320 (Reissue 2016) (third degree sexual assault).
After a hearing in which both Michael and his classmate testified, the court found that Michael had committed the offense of attempted third degree sexual assault and found that Michael was a juvenile within the meaning of § 43-247(1).
Michael has now appealed to the Nebraska Court of Appeals claiming that there was insufficient evidence to support the court’s adjudication of him for attempted third degree sexual assault. He argues that after his classmate pushed his hand away, he did not touch her breast or further his efforts.