State v. Wardle, 53 P.3d 1227 (Idaho Ct. App. 2002)

Cases | State v. Wardle, 53 P.3d 1227 (Idaho Ct. App. 2002) | 2018

The defendant was acquitted of sexual abuse of a minor but was convicted of battery, arising from unwanted touching of a minor. The trial court ordered the defendant to pay restitution for the victim’s counseling as a condition of probation. The defendant challenged the probation term on the basis that is was predicated upon an assumption that he had sexually abused the victim despite his acquittal of the charge. The appellate court upheld the restitution order. Though restitution for victim counseling not caused by the defendant’s crime was impermissible, the trial court could have found that the victim suffered emotional or behavioral problems as a result of the unwanted touching.