Notes of Decisions
Under this section, legislative intent is to prohibit sexual abuse of consenting minors, and all four types of legal incapacity set out in ORS 163.315 (Incapacity to consent) are intended to apply to this section. State v. Landino, 38 Or App 447, 590 P2d 737 (1979), Sup Ct review denied
Language of this section does not, by itself, make sexual abuse a lesser included offense in charge of attempted rape in the first degree. State v. Sears, 70 Or App 537, 689 P2d 1324 (1984)
Indictment for sexual abuse was proper where issue was raised whether defendant touched area that person he touched subjectively considered intimate and that defendant knew this or should have recognized area to be one that would objectively be known to be intimate part by any reasonable person. State v. Woodley, 306 Or 458, 760 P2d 884 (1988)
Where complaint alleged that defendant touched victim's buttocks, facts could constitute sexual abuse in second degree. State v. Williams, 96 Or App 543, 773 P2d 25 (1989), Sup Ct review denied
Where defendant did not demonstrate to trial court how evidence would support conviction for sexual abuse in second degree but not for rape, trial court did not err in refusing to instruct jury on lesser offense. State v. Abraham, 102 Or App 369, 794 P2d 809 (1990), Sup Ct review denied
Proof of incapacity to consent for purposes of greater offense of sexual abuse in first degree (ORS 163.427 (Sexual abuse in the first degree)) also proves element of lack of consent under this section. State v. Barnes, 209 Or App 332, 147 P3d 936 (2006), Sup Ct review denied
Completed Citations
State v. Stich, 5 Or App 511, 484 P2d 861 (1971), Sup Ct review denied
Law Review Citations
68 OLR 255 (1989)
Notes of Decisions
Under evidence that defendant intentionally touched victim's buttocks through clothing, whether such conduct constituted "sexual contact" of victim's "intimate parts" was question for jury. State v. Buller, 31 Or App 889, 581 P2d 1263 (1977)
Genitalia and breasts are intimate parts as matter of law under this section, and undeveloped genitalia and breasts of children are included within definition. State v. Turner, 33 Or App 157, 575 P2d 1007 (1978), Sup Ct review denied
Rule that state is not permitted to introduce evidence of other crimes or bad acts solely to prove defendant acted as on prior occasions is strictly applied in sex crime cases, even those involving deviate sexual behavior, in so far as conduct with persons other than victim is concerned. State v. Sicks, 33 Or App 435, 576 P2d 834 (1978)
Law Review Citations
51 OLR 428, 518-522, 555 (1972)
Chapter 163
Law Review Citations
51 OLR 427-637 (1972)
