00-3045 In the Interest of Stephen T., a person under the age of 18 v. Stephen T.

By: dmc-admin//December 10, 2001//

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“Based on our understanding of criminal intent, we determine that the expert testimony and other evidentiary submissions were highly relevant to Stephen’s theory of defense. The trial court rejected the submissions based on the mistaken belief that as long as Stephen intended to become sexually aroused, he ‘fit[ in the same gambit as adults.’ We conclude that the trial court’s discretionary ruling was in error. Moreover, because the erroneous ruling deprived Stephen of the opportunity to present an affirmative defense, we determine that the error was not harmless.”

Reversed and the adjudication of delinquency is dismissed with instructions that the child’s DNA sample be destroyed.

Recommended for publication in the official reports.

Dist II, Walworth County, Kennedy, J., Brown, J.

Attorneys:

For Appellant: Raymond M. Dall’osto, Milwaukee

For Respondent: Diane M. Resch, Elkhorn

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