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Criminal Practice – Assault on a Child – Criminal Negligence Theory — Contributing to the Delinquency & Neglect of a Minor – Indictment Sufficiency – Expert Testimony – PTSD (access required)

State v. Stevens Where the indictment for assault on a child under 12 did not allege a criminal negligence theory, the trial court should not have instructed the jury on criminal negligence when the jury asked for clarification on the “legal definition of intent.” We reverse defendant’s conviction for assault on a child under 12 years of age. We find no error in defendant’s conviction of contributing to the delinquency and neglect of a minor.

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