Larry R. Beedy, Jr., Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Madison Circuit Court The Honorable David Happe,
Judge Trial Court Cause No. 48C04-1501-FC-141
ATTORNEY FOR APPELLANT Paul J. Podlejski Anderson, Indiana.
ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of
Indiana Larry D. Allen Deputy Attorney General Indianapolis,
Following a jury trial, Larry R. Beedy, Jr. was convicted of
sexual misconduct with a minor, a Level 5 felony, and
subsequently sentenced to six years, with three years
executed in the Department of Correction, one year in
community corrections, and two years suspended to probation.
Beedy presents two issues for our review, one of which we
find dispositive: Was Beedy erroneously precluded from
asserting the affirmative defense set forth in Ind. Code
& Procedural History
2013, Beedy, then seventeen years old, and A.W., then
thirteen years old, were in a dating relationship and engaged
in sexual activity. As a result of their conduct, on December
6, 2013, Beedy was adjudicated a delinquent for committing
acts against A.W. of child molesting and child exploitation,
criminal offenses if committed by an adult. Sometime between
August 1 and November 6, 2014, Beedy and A.W. had sexual
intercourse and conceived a child. During that timeframe, A.W.
turned fifteen years old and Beedy was eighteen years
January 30, 2015, the State charged Beedy with one count of
sexual misconduct with a minor as a Level 5
felony. Prior to trial, Beedy filed a motion to
dismiss the charge based in part on the defense found in I.C.
§ 35-42-4-9(e). The State in turn filed a motion in
limine seeking to preclude Beedy from raising the defense by
alleging that he was disqualified due to his prior juvenile
adjudications for sex offenses. The trial court held a
hearing on the competing motions on June 15, 2015. After the
parties presented their respective arguments, the trial court
granted the State's motion in limine and denied
Beedy's motion to dismiss.
parties appeared for a subsequent hearing on July 13, 2015.
On that same day, Beedy filed a memorandum in support of his
motion to dismiss as well as a motion to certify the
court's ruling pertaining to the "Romeo and
Juliet" defense for interlocutory appeal. After
additional evidence and argument regarding the applicability
of the defense, the trial court again denied Beedy's
request for dismissal and also denied his motion to certify
the matter for interlocutory appeal.
jury trial was held on September 2, 2015. Prior to the start
of trial, Beedy renewed his motion to dismiss on the same
grounds previously argued, and that motion was again denied.
After the State rested, Beedy made an offer to prove
regarding the defense and moved for a directed verdict on the
basis that the defense applied, which the trial court denied.
Beedy also submitted proposed instructions setting forth the
defense, and the trial court, in keeping with its prior
rulings, refused to give the instructions. The jury
ultimately found Beedy guilty of sexual misconduct with a
minor, a Level 5 felony. Beedy now appeals.
a matter of first impression, we must decide whether Beedy,
who has a prior adjudication for a sex offense against the
same victim, can assert the defense set forth ...