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STATE v. EBERSOLD

No. 2006AP833-CR.

742 N.W.2d 876 (2007)

2007 WI App 232

STATE of Wisconsin, Plaintiff-Appellant, v. Shawn B. EBERSOLD, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed October 25, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Daniel J. O'Brien, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Lester A. Pines and Kira Loehr of Cullen Weston Pines & Bach LLP, Madison.

Before HIGGINBOTHAM, P.J., DYKMAN and LUNDSTEN, JJ.

¶ 1 HIGGINBOTHAM, P.J.

The State appeals an order dismissing an amended complaint that alleged Shawn B. Ebersold, a high school teacher, verbally communicated a harmful description or narrative account to a child, contrary to WIS. STAT. § 948.11(2)(am) (2005-06),1 by sending sexually explicit messages to one of his students in an Internet chat room. The circuit court dismissed the complaint on grounds that the chat messages were...

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