State v. Bonds

1991

Court: WI Supreme Court

Facts: Bonds had been kicked out of a boarding house because of "certain problems." One day, he was in the boarding house, saw the victim, and followed her back to her apartment. In the ensuing confrontation, he grabbed her nipple and squeezed it and pulled it. He alleges that this was to cause pain, not anything sexual.

Posture: Pled guilty at trial, reversed on appeal (Bonds asserts this should have been a misdemeanor), now heard by the WI supreme court.

Issue: Does the grabbing and pulling of nipples violate § 940.225(2)(a)?

Holding: Yes. Violation of an intimate part by means of actial or attempted battery is second degree sexual assault. Reversed.

Rule: Plain language of the statute.

Reasoning: The language of the statute doesn't state what the purpose of the force has to be.

Dicta: