In re: S.A.A.Â, 251 N.C. App. 131

Juvenile (S.A.A., age 13) was accused of two counts each of simple assault and sexual battery for placing his arms around two 11-year-old girls’ shoulders on Halloween and smearing glowing liquid on them.
Incident occurred in a public neighborhood during trick-or-treating; Juvenile had been wiping glowing liquid from a damaged glow glove on trees, signs, and people.
Victims reported glow liquid on their shirts and one testified that Juvenile touched her “boobs” over a sweatshirt; Juvenile admitted putting glow liquid on people but denied touching breasts.
Juvenile was adjudicated delinquent on all charges in Orange County; case transferred to Alamance County for disposition, where Juvenile received 12 months probation based on sexual battery as the most serious offense.
On appeal Juvenile challenged sufficiency of evidence for sexual purpose, adjudication on unpled theory, failure to make dispositional findings, and probation/drug screening orders.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to prove sexual battery (sexual purpose element)	State: sexual-purpose can be inferred from touching; evidence shows contact with breasts	Juvenile: touching was limited to shoulders/over-clothes and lacked indicia of sexual purpose; denial of touching breasts	Vacated sexual-battery adjudication for insufficient evidence of sexual purpose; simple assault affirmed
Preservation of sufficiency challenge	State: Juvenile failed to renew motion to dismiss at close of all evidence, so issue forfeited	Juvenile: moved at close of State’s case; appellate review should be barred	Court exercised Rule 2 to review for manifest injustice and reached merits
Whether sexual purpose may be inferred from the act where juvenile is a minor	State: courts can infer intent from act (cites adult standard)	Juvenile: minors require additional evidence of maturity, intent, experience, or other indicators	Court reaffirmed that sexual purpose cannot be inferred for children absent evidence of maturity/intentual indicators; applied that standard here
Need for new dispositional order after vacating sexual-battery adjudication	Juvenile: disposition was based on most serious offense (sexual battery); remand necessary if vacated	State: argued other adjudications remain	Court remanded for new disposition since prior disposition rested on sexual battery

In re Hodge, 153 N.C. App. 102 (appellate preservation rule for motions to dismiss)
In re K.C., 226 N.C. App. 452 (juvenile sexual-purpose requires evidence beyond the act itself)
In re T.S., 133 N.C. App. 272 (discussion of inferring sexual intent from act for adults)
In re T.C.S., 148 N.C. App. 297 (sufficient indicia of maturity/intent supported sexual-purpose inference)
In re R.N., 206 N.C. App. 537 (motion-to-dismiss standard — grant if evidence raises only suspicion)
In re Vinson, 298 N.C. 640 (even strong suspicion is insufficient; conviction reversed if only suspicion)