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Dixon & Moseley | Attorneys At Law
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  5. Breaking News, Protecting Your Civil Rights: Supreme Court Clarifies Meaning of “Sexual Misconduct” in Man’s Conviction

Breaking News, Protecting Your Civil Rights: Supreme Court Clarifies Meaning of “Sexual Misconduct” in Man’s Conviction

On Behalf of Dixon & Moseley, P.C. | Sep 5, 2018 | Criminal Appeals, Criminal Law, Supreme Court

The concept that you are “innocent until proven guilty by evidence beyond a reasonable doubt” is a cornerstone of the American legal system. Arising out of this important legal concept is what is known as the rule of lenity. The rule of lenity requires that criminal statutes be strictly construed against the drafter (the State), and any ambiguities or uncertainties that exist within the statute are to be applied in the manner most favorable to the defendant. The reasoning behind this is that an individual, who is presumed innocent, should not be held criminally liable due to some vague penal statute that does not clearly identify conduct that is criminal. The rule of lenity ultimately embodies the belief in the right of the individual, and in some respects, the legal notion it is better that a guilty person goes free, than an innocent person imprisoned. This blog covers a new case decided by the Indiana Supreme Court that balances these important tools to protect your civil rights.

While the rule of lenity states that criminal statutes are to be construed strictly, the Court of Appeals and the Supreme Court have made clear that the rule of lenity is not to be used to overly narrow a penal statute to exclude cases it fairly covers. This means that if it is clear your acts are a crime, then a novel argument the behavior is not covered by the criminal law will fail and you will be convicted. This is so we do not have criminals roaming the streets based on getting off on legal technicalities. The Indiana Supreme Court clarified this balance on August 23, 2018.1 In Boggs v. State, the Supreme Court upheld Curtis Boggs conviction of eight counts of sexual misconduct with a minor and four counts of child molestation. The issue was whether there was sufficient evidence presented to find a conviction of child molestation, a level 1 felony. The Indiana Court of Appeals found there was sufficient evidence, and the Indiana Supreme Court affirmed the Court of Appeals’ holding.

The facts of the Boggs’ case reflect this delicate balance (going free for an ambiguous criminal statute versus avoiding justice by a technicality). In this case, Boggs was charged with sexual misconduct for his acts of touching the minor victim’s private part. On appeal, Boggs argued that there was insufficient evidence to prove “penetration” for purposes of sexual misconduct. Under Indiana’s criminal law, a person commits child molestation by knowingly or intentionally performing sexual intercourse or sexual misconduct with a child under fourteen years of age.2 Sexual intercourse means an act that includes any penetration of the female sex organ by the male sex organ.3 Sexual misconduct means an act involving . . . the penetration of the sex organ or anus of a person by an object.4

Boggs’ main argument was that the statutory language of “sexual misconduct” states the penetration of the female sex organ. Boggs contended that the language of “the” before “penetration” means that it requires proof of “more intrusive acts.” Boggs pointed to the language found in the definition for sexual intercourse which uses the word “any” before the word “penetration.” Boggs claimed that the difference in the language of the two statutes indicates the legislative intent that “penetration” was to have two different meanings depending on the statute. Like the Court of Appeals, the Indiana Supreme Court did not find Boggs’ argument persuasive and upheld his conviction. The Court found that “proof of the slightest penetration of the sex organ, including penetration of the external genitalia, is sufficient to demonstrate a person performed sexual misconduct with a child.” What do you think?

Knowing the status of developments in the law is the key to avoiding criminal liability, being an engaged citizen in our participatory system of government and knowing how a skilled criminal defense counsel may properly defend you. Having criminal defense counsel current on the latest developments in law provides you with the best criminal defense. This blog post on a key new case was written by attorneys at Dixon & Moseley, P.C. who handle criminal defense cases and appeals of criminal convictions throughout the state. Knowing the law is a key to be an engaged citizen. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Curtis Boggs v. State of Indiana, 18S-CR-430 (Ind. 2018).
  • Ind. Code 35-42-4-3.
  • Ind. Code 35-31.5-2-302.
  • Ind. Code 35-31.5-2-221.5
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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