119 So. 3d 690
La. Ct. App.2013Background
- Defendant charged with sexual battery (Count One) and molestation of a juvenile (Count Two); bench trial held after which acquitted on Count One and convicted of indecent behavior with a juvenile (Count Two) as lesser included offense; sentenced to eight years with two years no parole/probation; conviction affirmed and remanded for notices; victim, R.L., reported abuse to mother and detectives; multiple witnesses corroborated conduct; defense claimed recantation and lack of touching; trial relied largely on victim and video/interview evidence.
- Investigation began after school official reported concerns; police interviewed R.L. in January 2010; April 2010 forensic interview corroborated allegations; victim described multiple incidents dating back to 2008; defendant babysat R.L. while mother worked nights.
- R.L. testified to touching and being placed on top of defendant; mother confronted defendant; grandmother and investigators corroborated timeline; A.C. (cousin) testified to prior alleged incident; defendant denied touching.
- For indecent behavior with a juvenile, the State must show age difference, lewd act upon a child, and intent to arouse or gratify sexual desires; specific intent may be inferred from circumstances.
- Court discussed that the victim's testimony alone can sustain a sexual offense conviction if credible; evidence found sufficient to support indecent behavior beyond a reasonable doubt.
- Errors patent: trial court failed to provide complete notice under La.C.Cr.P. 930.8 and failed to inform about sex offender registration requirements; remanded to provide proper notices in writing and file proof; also noted heightened registration requirements for child predators.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for indecent behavior with a juvenile | State argues evidence supports all elements beyond reasonable doubt | Domangue claims insufficient proof and possible recantation | Sufficiency established; rational trier could find guilt beyond reasonable doubt |
| Errors patent—failure to advise on 930.8 and registration requirements | (not explicit in opinion) | Failure to provide statutory notices | Remand for proper written notices and proof of receipt; notify about sex offender/child predator registration |
Key Cases Cited
- State v. Battaglia, 861 So.2d 704 (La.App. 5 Cir. 2003) (elements of indecent behavior; inference of intent possible)
- State v. Stec, 749 So.2d 784 (La.App. 5 Cir. 1999) (lewd or lascivious acts include sexual displays in presence of children)
- State v. Interiano, 868 So.2d 9 (La.1984) (definition of lewd or lascivious acts and proximity considerations)
- State v. Turner, 904 So.2d 816 (La.App. 5 Cir. 2005) (victim testimony alone can establish elements when credible)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review requires proof beyond a reasonable doubt to convict)