In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: 398, 407 (1988) (concluding that the act of inserting an adult’s tongue into a child’s mouth constituted an “immoral, improper, or indecent” act within the meaning of N.C.G.S. § 14-202.1(a)(1) and a “lewd or lascivious” act within the meaning of N.C.G.S. § 14-202.1(a)(2)); State v. Hammett, 182 N.C. App. 316, 323, 642 S.E.2d 454, 459 (concluding that masturbating in a child’s presence constituted an offense punishable pursuant to N.C.G.S. 14-202.1(a)(2)), appeal dismissed and disc. rev. denied, 361 N.C. 572, 651 S.E.2d 227 (2007); State v. Turman, 52 N.C. App. 376, 377, 278 S.E.2d 574, 575 (1981) (concluding that masturbating in a child’s presence constituted an offense pursuant to N.C.G.S. § 14-202.1(a)(l)); cf. State v. Jones, 172 N.C. App. 308, 314-16, 616 S.E.2d 15, 19-20 (2005) (<HOLDING>). In light of these decisions, at least four 
 Holding statements: (A) holding that single substantial act can support exercise of personal jurisdiction (B) holding that multiple convictions under  924c cannot be based on offenses forming a single unit of prosecution (C) holding that a single act cannot support two convictions under both ncgs  142021al and ncgs  142021a 2 respectively (D) recognizing that dui manslaughter and vehicular homicide are two separate crimes neither being a lesser included offense of the other but holding that a single death cannot support convictions for both crimes (E) holding that separate sentences may be imposed for a violation of section 36bd and the predicate offense where both convictions were the result of the same act so long as the charges are brought in a single trial

Answer: holding that single substantial act can support exercise of personal jurisdiction


Question: such entities from exercising their right of eminent domain. We disagree. The statute unambiguously prohibits any curtailment or limitation of an FmHA-indebted water association’s services resulting from municipal annexation or inclusion. This language indicates a congressional mandate that local governments not encroach upon the services provided by such associations, be that encroachment in the form of competing franchises, new or additional permit requirements, or similar means. To read a loophole into this absolute prohibition, as Madison would have us do, and allow a city to do via condemnation what it is forbidden by other means, would render nugatory the clear purpose of § 1926(b). See Moore Bayou Water Association, Inc. v. Town of Jonestown, 628 F.Supp. 1367 (N.D.Miss.1986) (<HOLDING>). Madison contends that this construction of 
 Holding statements: (A) holding that  1926b prohibited munici pality from using its annexation of territory within rural water district as springboard for providing its own water service to residents (B) holding that until the state issues a certificate of appropriation any right to use the water remains inchoate (C) holding that village could not condition provision of water services on annexation where prospective customer was within a rural water associations service area and the water association was federally indebted (D) holding municipal condemnation of water associations facilities and certificate violative of  1926b (E) holding that because exclusion was not provided to certificate holder terms of the certificate controlled

Answer: holding that  1926b prohibited munici pality from using its annexation of territory within rural water district as springboard for providing its own water service to residents


Question: Essex Ins. Co. v. Bhavan, Inc., 2002 WL 1398551, at *1-4 (N.D.Tex. June 26, 2002) (victim shot by an unknown assailant while in insured’s parking lot; court held that assault and battery exclusion precluded coverage for negligence action against insured); Audubon Indem. Co. v. Patel, 811 F.Supp. 264, 264 (S.D.Tex.1993) (“Upon reviewing the insurance policy and the assault and battery exclusion, this Court finds that, as a matter of law, the insurance policy excludes any coverage arising out of the assault and battery committed upon [victim] and his wife [in insured’s motel room] even if the legal theory for which [the insured] is found liable is negligence.”); Burlington Insurance Company v. Mexican American Unity Council, Inc., 905 S.W.2d 359, 362 (Tex.App.-San Antonio 1995, no writ) (<HOLDING>). As applied here, Mitchell’s claims in the 
 Holding statements: (A) holding that a sexual assault on a youth homes resident was excluded from an insurance policys coverage by an assault and battery exclusion notwithstanding that the claim was couched in negligence (B) holding that under maryland common law an assault is an attempted battery an actual battery or a combination of the two (C) holding that coverage arguably existed under an insurance policy for claims against an employer and employees for an alleged assault and battery of bar patrons and that the insurer had a duty to defend (D) holding that claims were clearly excluded from coverage under assault and battery exclusion and therefore insurer had no duty to defend or indemnify (E) holding that allegations of sexual assault by an employee of the church fell within coverage for sexual misconduct

Answer:
holding that under maryland common law an assault is an attempted battery an actual battery or a combination of the two