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).