State v. Turner

*159TANZER, J.

Defendant appeals from his conviction of sexual abuse in the first degree, ORS 163.425,1 for having touched the breasts of a seven-year-old girl for the purpose of gratifying his sexual desires. Defendant moved for a judgment of acquittal, contending that the undeveloped breasts were not within the meaning of the sexual abuse statute. He requested an instruction that they were within the statute or not according to the circumstances2 and he excepted to an instruction that breasts were within the statute as a matter of law.3 He assigns adverse rulings on each as error.

We have…