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Sexual Assault, § 948.02 — Multiplicity — Separate Charges, Attempted & Completed Sexual Assaults

State v. Kevin S. Meehan, 2001 WI App 119
For Meehan: Pamela Moorshead, Buting & Williams

Issue: Whether charges of completed and attempted sexual assault of the same victim were multiplicitous.

Holding:

¶34. The nature of the two acts was different because the attempted sexual assault was foiled by the victim’s resistance. There was some time separation between the two acts, sufficient for a question and answer. Further, Meehan had an opportunity to reconsider his course of action because Nickolas told him ‘no’ after the first act. See State v. Carol M.D., 198 Wis. 2d 162, 170, 542 N.W.2d 476 (Ct. App. 1995) (‘Offenses are separated in time if the defendant had time to reconsider his … course of action between each offense.’). Accordingly, we conclude that the two acts were not identical in fact.

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