The court found appellant guilty and sentenced him to 15 months in prison. Did the trial court err in holding that appellant's conduct constituted solicitation of a child to engage in sexual conduct within the meaning of Minn. Stat. The construction of a statute is clearly a question of law and thus fully reviewable by an appellate court. Ass'n v. Public Employment Relations Bd. At issue in this case is whether appellant's conduct constituted solicitation under Minn. Stat.
Sexual penetration includes intercourse or any intrusion, however slight.
Sexual performance requires activity before an audience or for purposes of visual or mechanical reproduction. Without proof of both of these elements beyond a reasonable doubt, a conviction for solicitation cannot be sustained. What the sexual activity was is irrelevant since any sexual contact with a minor is unlawful. In inferring appellant's intent to solicit D.W. to engage in sexual conduct, the trial court had evidence consisting of appellant's conversation with D.W. and also had Spreigl evidence of five prior convictions introduced at trial. We believe Wallace supports respondent's argument.