Julian D. Schmidt v. United States
JusticiabilityDoctri
Does the ambiguous phrase 'in the presence of a child' require the child to be aware of the conduct through a sensory connection, regardless of physical proximity, or does 'in the presence of a child' require merely that the child be within physical proximity, regardless of whether the child is unaware of the conduct (i.e. sleeping or unconscious)?
QUESTIONS PRESENTED The Questions Presented are: 1. Does the ambiguous phrase “in the presence of a child” require the child to be aware of the conduct through a sensory connection, regardless of physical proximity, or does “in the presence of a child” require merely that the child be within physical proximity, regardless of whether the child is unaware of the conduct (i.e. sleeping or unconscious)? 2. Does “intentionally done .. . in the presence of a child” require an intent to harm the child by making the child aware of the acts, or does “intentionally done” require an intent to merely perform the act while being aware a child is present?