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T.G. v. State

Court of Appeals of Indiana

January 31, 2014

T.G., Appellant-Respondent,
v.
STATE OF INDIANA, Appellee-Petitioner

Page 20

[Copyrighted Material Omitted]

Page 21

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Marilyn A. Moores, Judge. The Honorable Gary Chavers, Magistrate. Cause No. 49D09-1210-JD-2664.

ATTORNEY FOR APPELLANT: KAREN CELESTINO-HORSEMAN, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, KATHERINE MODESITT COOPER, Deputy Attorney General, Indianapolis, Indiana.

CRONE, Judge. BAKER, J., and NAJAM, J., concur.

Page 22

OPINION

CRONE, Judge.

Case Summary

T.G., a minor, appeals from his adjudication as a juvenile delinquent based on the trial court's finding that he committed an act that would be class C felony child molesting if committed by an adult. On appeal, he argues that the evidence is insufficient to support the trial court's finding and that the child molesting statute is unconstitutionally vague as applied to him. Concluding that the evidence is sufficient and that the statute is not unconstitutionally vague, we affirm.

Facts and Procedural History

The facts most favorable to the true finding follow. T.G.'s mother ("Mother") operated a daycare center from her home. Mother's boyfriend watched the children when she had to leave the daycare. In August of 2012, T.G. was eleven years old. During that summer, T.G. and his three sisters stayed at home during the daycare hours. Six-year-old T.A.G. attended the daycare along with her siblings, including her older sister T.M.

During daycare hours, the children stayed predominantly in the front room where there was a couch, a chaise lounge, a television, and toys. Mother or her boyfriend were always in the room with the children. T.A.G. did not play with T.G., but sometimes they watched television. When T.A.G. went to the restroom down the hallway, T.G. would kiss her on her lips with his mouth open, which she did not like. Tr. at 22. On or about August 3, 2012, T.G. and T.A.G. were sitting on the chaise lounge watching television. T.G. "kept telling [T.A.G.] to touch his private part." Id. at 21. She put her hand in his pants and touched his private part. T.G. put his hand inside her underwear and rubbed the part of her body where she peed. Id. at 24. Mother and T.M. were sitting on the ...


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