I have something in mind, but wanted to hear some other opinions.

Here is the scenario:

Jane was in a hotel room (the $15 dollar per night hotel) with Dan and Linda. Linda goes to take a shower leaving Dan and Jane alone talking. Dan gets up and lays Jane on the bed and got on top of her and began to rub his body against hers as if they were having sex.
They both were fully clothed. He then began to touch her breasts, butt, and vagina area. His hands never went beneath her clothes. Jane would move his hands off of her and yelled at him to stop. Dan would put his hands right back and continue touching her. He then grabbed her arms and raised them above her head and continued to rub against her like he was having sex. Jane began yelling for Linda. Linda came out of the shower and saw Dan on top of Jane. At this time they got up began to talk and watch TV. Dan then just said he had to leave.

According to Jane, at no time did his hands go beneath her clothes and he never took any of his clothes off.


This is all I have. I have something in mind but wanted to make sure I'm not leaving anything on the table.

Thanks!

John

John? Martin? Anyone?

No Bill

22.01(a)(3)

Have not researched the case law interpreting 21.07(a)(3), but it appears Jane was another who was present and who was offended or alarmed by the act.

"Dan" is currently on parole (15 years for delivery).

attempted something or other?

I had a similar situation. I never came up with much more than Class C assault and my defendant was a postmaster. We even tried official opression, but it didn't seem to fit. I'm interested to see what you come up with.