Fredrick Austin v. State of Indiana
── Fredrick Austin v. State of Indiana ──
Case No.: 22A-CR-01240
Court: Indiana Court of Appeals
Date: December 28, 2022
Author: Judge Nancy Vaidik
County of Origin: Marion
Category: Criminal
Decision: Reversed and Remanded
Judge Riley and Judge Bailey concur
We agree. To
convict Austin of Level 1 felony child molesting as charged in this case, the
State was required to prove beyond a reasonable doubt that he engaged in
“other sexual conduct” with H.A., a child under fourteen. Ind. Code § 35-42-4
3(a)(1); Appellant’s App. Vol. II pp. 35-36. As relevant here, “other sexual
conduct” is defined as “an act involving . . . the penetration of the sex organ or
anus of a person by an object.” I.C. § 35-31.5-2-221.5(2).
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