context: In departing from the presumptive sentences for Sebasky's conviction under Minn.Stat. SS 609.342, subd. 1(a) (Supp.1990) (definition unchanged in current statute) and his first conviction under Minn.Stat. SS 609.342, subd. 1(g), the trial court relied on numerous valid aggravating factors, including the multiple incidents and multiple types of abuse, Sebasky's planning and manipulation, his knowledge that he was HIV positive at the time of the incidents, and the violation of his position of trust and authority.
citation_a.signal: see
citation_a.identifier: 344 N.W.2d 394, 397
citation_a.parenthetical: affirming an upward departure and noting the multiple types of penetration and ongoing nature of the abuse
citation_a.sentence: See Kilcoyne v. State, 344 N.W.2d 394, 397 (Minn.1984) (affirming an upward departure and noting the multiple types of penetration and ongoing nature of the abuse); State v. Kindem, 338 N.W.2d 9, 17-18 (Minn. 1983) (citing planning as an appropriate aggravating factor justifying a departure), cert, denied, 466 U.S. 974, 104 S.Ct. 2352, 80 L.Ed.2d 825 (1984); Perkins v. State, 540 N.W.2d 908, 912 (Minn.App.1995) (affirming a greater-than-triple departure based in part on the defendant’s knowledge of his infection with the AIDS virus), review granted (Minn. Feb. 27, 1996); State v. Griffith, 480 N.W.2d 347, 351 (Minn.App.1992) (finding the defendant’s abuse of the trust that the teenage complainant placed in him when she decided to move in with his family was a valid aggravating factor), review denied (Minn. Mar. 19, 1992); see also State v. Mesich, 396 N.W.2d 46, 52 (Minn.App.1986) (“Multiple penetrations alone will generally justify a double * ⅜ * departure.”), review denied (Minn. Jan. 2, 1987). The record supports these considerations and the multitude of aggravating factors shows Sebasky’s conduct was particularly egregious, thus warranting the triple departure imposed for his violation of Minn.Stat. § 609.342, subd. 1(a).
citation_b.signal: see also
citation_b.identifier: 396 N.W.2d 46, 52
citation_b.parenthetical: "Multiple penetrations alone will generally justify a double *  3/8  * departure."
citation_b.sentence: See Kilcoyne v. State, 344 N.W.2d 394, 397 (Minn.1984) (affirming an upward departure and noting the multiple types of penetration and ongoing nature of the abuse); State v. Kindem, 338 N.W.2d 9, 17-18 (Minn. 1983) (citing planning as an appropriate aggravating factor justifying a departure), cert, denied, 466 U.S. 974, 104 S.Ct. 2352, 80 L.Ed.2d 825 (1984); Perkins v. State, 540 N.W.2d 908, 912 (Minn.App.1995) (affirming a greater-than-triple departure based in part on the defendant’s knowledge of his infection with the AIDS virus), review granted (Minn. Feb. 27, 1996); State v. Griffith, 480 N.W.2d 347, 351 (Minn.App.1992) (finding the defendant’s abuse of the trust that the teenage complainant placed in him when she decided to move in with his family was a valid aggravating factor), review denied (Minn. Mar. 19, 1992); see also State v. Mesich, 396 N.W.2d 46, 52 (Minn.App.1986) (“Multiple penetrations alone will generally justify a double * ⅜ * departure.”), review denied (Minn. Jan. 2, 1987). The record supports these considerations and the multitude of aggravating factors shows Sebasky’s conduct was particularly egregious, thus warranting the triple departure imposed for his violation of Minn.Stat. § 609.342, subd. 1(a).