In re D.B.
Supreme Court of New Hampshire
53 A.3d 646 (2012)
Relevant factsFree
D.B. (defendant) touched a female student under her clothing on a school bus despite her telling him to stop, and later threatened her if she reported the incident; her written statement described D.B. as rough while touching her breasts and reaching down her pants to her ankle, but school bus surveillance video showed the two sitting together without any visible struggle or altercation. The trial court denied D.B.'s motion to dismiss, and he was convicted and appealed.
IssueFree
Whether the prosecution must show that the actor used actual physical force in a misdemeanor sexual assault charge.