State v. Ludlum

EXUM, Justice.

The principal question presented by this appeal is whether testimony by a four-year-old girl that defendant “touched me . . . with his tongue . . . between my legs” while indicating the place of touching to the jury constitutes sufficient evidence of “cunnilingus” to support a conviction for a first-degree sexual offense. We hold that it does.

To convict a defendant of a first-degree sexual offense with a child of twelve years or less, the State need only prove (1) the defendant engaged in a “sexual act,” (2) the victim was at the time of the act twelve years old or less, and (3)…