State v. Hansen

Defendant, a high school teacher, was indicted for sodomy in the third degree, ORS 163.385, which prohibits “deviate sexual intercourse” with a person “under 16 years of age.” At trial the state introduced evidence that defendant had engaged in such intercourse with one of her students on December 4,1983, the day before the student’s 16th birthday. The jury found her guilty, and she was sentenced to a prison term of five years. The Court of Appeals affirmed. State v. Hansen, 82 Or App 178, 728 P2d 538 (1986).

We allowed defendant’s petition for review, which raises three issues: (1) Does the…