from the District Court of Laramie County The Honorable
Catherine R. Rogers, Judge
Representing Appellant: Office of the State Public Defender:
Diane M. Lozano, State Public Defender; Tina N. Olson, Chief
Appellate Counsel; Eric M. Alden, Senior Assistant Appellate
Counsel. Argument by Mr. Alden.
Representing Appellee: Peter K. Michael, Attorney General;
David L. Delicath, Deputy Attorney General; Christyne M.
Martens, Senior Assistant Attorney General; Darrell D.
Jackson, Director, Kevin T. Farrelly, Student Director, and
Paige N. Hammer, Student Intern, Prosecution Assistance
Program, University of Wyoming, College of Law. Argument by
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Appellant, Jeremy Nunamaker, was convicted of two counts of
sexual abuse of a minor in the first degree and two counts of
sexual abuse of a minor in the second degree. On appeal, he
claims the district court erred in instructing the jury on
the elements of the crime of sexual abuse of a minor in the
first degree. We agree that the instructions were erroneous.
We affirm, however, because the errors were not prejudicial.
Appellant raises one issue: Did the district court improperly
instruct the jury on the two counts of sexual abuse of a
minor in the first degree? The State asserts that
Appellant's claim is barred as invited error.
On September 15, 2014, an Information was filed charging
Appellant with two counts of sexual abuse of a minor in the
second degree. In the first count, the State alleged that
Appellant had engaged in sexual contact with a minor, G.S.,
"by rubbing G.S.'s vagina with his hand." In
the second count, the State alleged that Appellant had
engaged in sexual contact with G.S. "by touching
G.S.'s breast." On April 21, 2015, a separate
Information was filed charging Appellant with two counts of
sexual abuse of a minor in the first degree. In both counts,
the State alleged that Appellant had inflicted sexual
intrusion on a minor, D.S., "by fondling or touching
D.S.'s vagina and inserting his finger into D.S.'s
vagina." The district court joined the two cases for
On the third day of the four-day trial, the district court
convened a jury instruction conference. The proposed jury
instruction regarding the first count of sexual abuse of a
minor in the second degree listed these elements of the
1. On or between the 1st day of February, 2014 and
the 28thday of February, 2014;
2. In Laramie County, Wyoming;
3. The Defendant, Jeremy ...