State v. Stephens, 234 N.C. App. 292 (Jun. 3, 2014)

In a multi-count indecent liberties with a student case, the court rejected the defendant’s argument that the trial court erred by denying his motion to dismiss because there was insufficient evidence that the victim was a “student.” The trial court instructed the jury that a “student,” for purposes of G.S. 14-202.4(A), means “a person enrolled in kindergarten, or in grade one through 12 in any school.” The court rejected the defendant’s argument that a person is only “enrolled” during the academic year and that since the offenses occurred during the summer, the victim was not a student at the time.