The court concluded that Koenigs mistake-of-age defense presented a factual issue for the jury, and it denied his motion to dismiss Count I, which charged third-degree criminal sexual conduct. Koenig argues that the state has not shown that dismissal of the child solicitation count will have a critical impact.
The district court issued an order granting in part Koenigs motion to dismiss.
Although Niska does not discuss critical impact, it reflects the view that even an order dismissing only one count of a multi-count complaint may have critical impact.
The object of statutory construction is to give effect to the intent of the legislature.
The district court did not clearly err in dismissing Count II of the complaint.
Where the childs own words or conduct lead so directly to the sexual activity that the adult does not engage in any form of persuasion, then the crime of solicitation has not occurred.
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The district court concluded that Koenigs conduct in participating with R. in a mutual decision to converse and ultimately meet to engage in sexual intercourse did not constitute commanding, entreating, or attempting to persuade.
The general rule is that if the statutory language is plain and unambiguous the court must give effect to its plain meaning.
Koenig has a mistake-of-age defense to third-degree criminal sexual conduct that does not apply to the solicitation charge. The state argues that the district court erred in dismissing Count II, charging Koenig with solicitation of a child to engage in sexual conduct. This court, however, reviews issues of statutory construction de novo.