State v. Buller
| Decision Date | 05 December 1977 |
| Citation | 571 P.2d 1263,31 Or.App. 889 |
| Parties | STATE of Oregon, Respondent, v. Darrell Gene BULLER, Appellant. |
| Court | Oregon Court of Appeals |
Thomas L. Fagan, Eugene, argued the cause for appellant. With him on the brief was Fagan, Hoffman & Klarr, P. C., Eugene.
William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.
Before SCHWAB, C. J., and LEE and BUTTLER, JJ.
Defendant was convicted of the crime of sexual abuse in the second degree, ORS 163.415(1), which provides:
Sexual contact is defined by ORS 163.305(7) as:
" 'Sexual contact' means any touching of the sexual or other intimate parts of a person not married to the actor or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party."
Defendant makes four assignments of error, but they all deal with but one issue: Can an intentional touching of buttocks through clothing constitute a touching of "intimate parts"? In Proposed Oregon Criminal Code 122, Commentary, §§ 115 and 116 (1970), the Criminal Law Revision Commission stated:
" * * * (T)he contact need not be directly with the person's body; it is sufficient if the defendant touches the victim's sexual or intimate parts through clothing * * *."
It also stated at 122:
The evidence in this case was sufficient to create a jury question as to whether the victim's buttocks were "intimate parts." Cf. People v. Thomas, 46 USLW 2238, App.Div. (New York City 1977).
Affirmed.
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Jordan v. Gardner
...at 997. In reaching this result the Washington court cited similar conclusions reached by an Oregon appellate court, State v. Buller, 31 Or.App. 889, 571 P.2d 1263 (1977); by the Utah Supreme Court, State v. Peterson, 560 P.2d 1387 (Utah 1977), upholding a conviction of "forcible sexual abu......
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State v. C.C., No. 34046-1-II (Wash. App. 10/16/2007)
...genitalia and breasts, are intimate is a question for the trier of fact. Adams, 24 Wn. App. at 520 (citing State v. Buller, 31 Or. App. 889, 571 P.2d 1263 (Or. Ct. App. 1977); State v. Turner, 33 Or. App. 157, 575 P.2d 1007 (Or. Ct. App. 1978)). Courts have found hips, abdomen, and buttocks......
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State v. Camarillo
...Adams, 24 Wash.App. 517, 519, 601 P.2d 995 (1979) citing People v. Thomas, 91 Misc.2d 724, 398 N.Y.S.2d 821 (1977); State v. Buller, 31 Or.App. 889, 571 P.2d 1263 (1977). Therefore, not only did the second incident constitute indecent liberties, but the first and third incidents did as well......
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Matter of A.B.
...444 N.Y.S.2d 166, 166 (1981); People v. Thomas, 91 Misc.2d 724, 727-28, 398 N.Y.S.2d 821, 824 (Crim. Ct. 1977); Oregon v. Buller, 31 Or.App. 889, 891, 571 P.2d 1263, 1264 (1977); cf. Parker v. State, 406 So.2d 1036, 1039 (Ala. Crim.App. 1981) (touching of mid-thigh and stomach); State v. We......