State v. Chase - No. 20120332
Jenelle Chase appeals the trial court's judgment of conviction finding her guilty of continuous sexual abuse of a child.
Chase was charged with continuous sexual abuse of a child after allegedly sexually abusing her stepson over a year's period of time. Under N.D.C.C. § 12.1-20-03.1 a person is guilty of continuous sexual abuse of a child, "if the individual engages in any combination of three or more sexual acts or sexual contacts with a minor under the age of fifteen years during a period of three or more months." A jury found Chase guilty of continuous sexual abuse of a child, and the trial court sentenced her to forty years' imprisonment with twenty years suspended.
On appeal, Chase argues the State is required to prove that the three or more sexual acts occurred on separate dates and failed to do so. Chase also argues the jury instructions were improper because they did not require the jury to unanimously agree on which acts constituted the sexual abuse before making a finding of guilt.