IN THE INTEREST OF K.H., Minor Child, K.H., Minor Child, Appellant.
from the Iowa District Court for Scott County, Gary P.
Strausser, District Associate Judge.
juvenile appeals his adjudication as a delinquent for assault
with intent to commit sexual abuse.
W. Stickle (until withdrawal) of Stickle Law Firm, P.L.C.,
Davenport, G. Brian Weiler (until withdrawal), Davenport, and
Grishma Arumugam, Davenport, for appellant.
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee State.
Considered by Tabor, P.J., and Mullins and May, JJ.
question in this appeal is whether the State proved beyond a
reasonable doubt that thirteen-year-old K.H. assaulted a
younger boy with the intent to commit sexual abuse. Because
sufficient credible evidence supports the elements of that
offense, we affirm the delinquency adjudication.
Facts and Prior Proceedings
visited K.H.'s house one evening in the fall of 2017. The
two boys played in K.H.'s room while the adults gathered
around a bonfire outside. One of those adults was John, the
boyfriend of K.H.'s mother.
came inside to use the restroom and through the bedroom door
overheard K.H. tell J.W. to "touch it, touch it."
J.W. said "no." Through a peep hole in the door,
John could see K.H. approach J.W. as he sat on the bed. K.H.
was holding his cell phone in one hand and pulling on the
elastic waistband of his pants with his other hand. John-who
saw himself as a "father figure" for K.H.-barged
into the boy's room and directed J.W. to go find his own
father downstairs. John then told K.H. he was in "big
testimony, nine-year-old J.W. recalled K.H. pulling his pants
down and exposing his penis. J.W. said K.H.'s conduct
made him "uncomfortable" and "mad." But
J.W. answered "no" when asked if K.H. urged him to
touch his penis. K.H. did testify that John entered the room
just as K.H. was approaching him.
interview with police, K.H. denied showing his penis to J.W.,
but acknowledged John came into his room and accused him of
"doing some weird stuff."
State petitioned the juvenile court to find K.H. was
delinquent. The court held a hearing in July 2018. At the
close of the State's evidence, the court denied
K.H.'s motion for directed verdict. The court found
substantial evidence that K.H. assaulted J.W. The court
noted: "The child did not specifically testify that it
was insulting or offensive." But the court found it
sufficient that K.H.'s act of exposing his penis
"made [J.W.] mad and it was clear that he was
uncomfortable." K.H. now appeals the delinquency
Scope and ...