David Wagner v. State of Indiana

── David Wagner v. State of Indiana ── Case No.: 25A-CR-00837 Court: Indiana Court of Appeals Date: December 12, 2025 Author: Judge Nancy Vaidik County of Origin: Marion Category: Criminal Decision: Affirmed Judge Mathias and Judge Pyle concur The evidence most favorable to Wagner’s conviction is as follows. In August 2023, Wagner started seeing J.D. They would sometimes kiss and hug, and Wagner wanted a sexual relationship, but J.D. made clear she wasn’t interested in that. When Wagner would try to put his hand on J.D.’s back or thigh, she told him no, and he complied. During one visit to J.D.’s apartment, Wagner exposed his penis and said, “Stroke it.” Tr. Vol. 2 p. 182; Tr. Vol. 3 p. 116. J.D. “looked away and told him to get out.” Tr. Vol. 2 p. 249.