State of Minnesota v. Curtis Lablanche Vanengen

Summary

The court held that the zone-of-privacy aggravating factor is legally permissible as a basis for an upward durational sentencing departure when a physically helpless victim is sexually assaulted in the victim's own bedroom. Because the jury found beyond a reasonable doubt that the assault occurred in the victim's zone of privacy and the undisputed evidence supported that finding, the district court did not abuse its discretion. The court rejected a categorical rule barring use of the factor in this class of sexual-assault cases.