State of Alaska, Petitioner and Cross-Respondent v. Dana R. Thompson, Respondent and Cross-Petitioner.

Summary

The court affirmed the rulings concerning the meaning of “position of authority” and the jury instructions, holding that the statutory list permits consideration of roles substantially similar to those listed and does not require a professional or quasi-professional position. It held that the same double-jeopardy merger principles apply to sexual abuse of a minor and sexual assault convictions, and that each distinct penetration may support a separate conviction when the orifice, penetrating object, or body part changes. The court therefore reversed the merger ruling and remanded for further proceedings while otherwise affirming.