State v. Kelso

KAREN KING MITCHELL, Judges.

Virgil Kelso appeals his conviction and sentence for first-degree child molestation based on his act of having the victim (a child less than fourteen years of age) place a condom on Kelso’s penis. Kelso claims that the evidence was insufficient to support the jury’s verdict finding him guilty in that the State alleged, but failed to prove, that Kelso caused the victim’s hand to touch his genitals “through the clothing” insofar as a condom does not constitute “clothing.” Because the State was not required to prove the existence of clothing in order to establish…