State v. Ta
Annotate this CaseDefendant was convicted of two counts of aggravated indecent liberties with a child for touching the faces, hair, arms, and legs of two young girls, who were playing outside a movie theater. The trial court imposed concurrent terms of life imprisonment with a mandatory minimum sentence of twenty-five years. At issue on appeal was whether the State presented sufficient evidence of a violation of Kan. Stat. Ann. 21-3504(a)(3)(A), which provides that aggravated indecent liberties with a child is engaging in any lewd fondling or touching of a child. The Supreme Court reversed, holding that because the touches did not tend to undermine the children's morals and were not so clearly offensive as to outrage the moral senses of a reasonable person, the evidence against Defendant was insufficient to support the convictions.
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