Offenses Against Persons
Age as a defense in certain cases
Notes of Decisions
Age difference of less than three years is not defense where victim does not give actual consent. State ex rel Juv. Dept. v. Kitt, 129 Or App 591, 879 P2d 1348 (1994)
Adult charged as accomplice or with inchoate crime does not obtain defense solely by reason that defense would be available to minor contemplated as having committed underlying conduct. State ex rel Juvenile Dept. v. Aragorn, 189 Or App 65, 73 P3d 939 (2003), Sup Ct review denied
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)
Law Review Citations
51 OLR 427-637 (1972)