In the Matter of B.H.

In 2012, the Cranston Police Department filed delinquency petitions alleging that, when B.H. was 13 years old, he committed two offenses that, if committed by an adult, would constitute the offense of first-degree child molestation and one offense that, if committed by an adult, would constitute the offense of second-degree child molestation. The victims were 11-year-old boys.The Family Court found the B.H. delinquent for the violations under G.L. 1956 11-37-8.1 and 11-37-8.2. The Rhode Island Supreme Court remanded, finding that the evidence at the delinquency proceeding was insufficient to establish sexual penetration—an element of both of the charges of first-degree child molestation of which the respondent was adjudged to be delinquent. The court directed the Family Court to enter adjudications of delinquency on the lesser-included offense of second-degree child molestation sexual assault (second-degree child molestation). View "In the Matter of B.H." on Justia Law