State v. Kelso

LISA WHITE HARDWICK, Judge.

I concur in the majority’s decision to affirm Kelso’s conviction for first-degree child molestation. However, I write separately to address the sole issue raised in Kelso’s appeal. Kelso contends the evidence was insufficient to support his conviction because the State failed to prove that he caused the victim to touch his genitals “through the clothing,” insofar as a condom does not constitute “clothing.” Because I conclude that touching through a condom is touching through the clothing for purposes of sexual contact as defined in Section 566.010(3), I see no need…