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Wurthmann v. State (6/1/01) ap-1745 (5891 words) |
 | Detective Carroll stated in this interview that he believed Wurthmann had sexual contact with A.L. when she was under seventeen because of admissions Wurthmann had made in his letters to A.L. Because these letters were admitted into evidence, the jury had the opportunity to independently evaluate the basis for Carroll's suspicions. |
| Therefore, if the State was to convict Wurthmann of third-degree sexual abuse, it was not enough for the State to prove that he lived in the same household as A.L. and exercised authority over her. |
| Conversely, if an adult does perform one of the roles listed in AS 11.41.470(5), the statute does not require proof that this adult actually exercised undue influence over the teenager "undue influence" as determined by "the dynamics of [their relationship]" and "the personalities of the individuals involved". |
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