State v. Kargar

Mohammad Kargar (defendant), an Afghan immigrant, was seen by his neighbor's daughter kissing his eighteen-month-old son's penis; her mother, who had previously seen a photo of the same act, reported it to police, and Kargar was charged with two counts of gross sexual assault. At trial, witnesses testified that kissing a baby boy's penis is a culturally accepted, affectionate practice in Afghanistan. Kargar moved to dismiss under the jurisdiction's de minimis statute, which lets a court dismiss charges if the legislature probably didn't intend to criminalize the defendant's specific conduct. The trial court denied the motion and convicted him on both counts.