State v. Serafin

Defendant appeals a judgment of conviction for third-degree sexual abuse, ORS 163.415, private indecency, ORS 163.467, and harassment, ORS 166.065. He challenges on appeal only his sexual abuse conviction, arguing that he was entitled to a judgment of acquittal on the charge. We agree with defendant and, accordingly, reverse his conviction on that charge.

Because our review concerns the denial of a judgment of acquittal, we state the facts in the light most favorable to the state. E.g., State v. Rader, 348 Or 81, 83, 228 P3d 552 (2010). Defendant joined a husband and wife for a social evening…