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STATE v. SMITH

394 A.2d 259 (1978)

STATE of Maine v. Richard SMITH.

Supreme Judicial Court of Maine.

November 13, 1978.

Attorney(s) appearing for the Case

Thomas E. Delahanty, II, Dist. Atty., R. Barrie Michelsen, Asst. Dist. Atty. (orally), Patrick F. Donnellan, Legal Intern, Auburn, for plaintiff.

Craig E. Turner (orally), South Paris, for defendant.

Before McKUSICK, C. J., and ARCHIBALD, GODFREY and NICHOLS, JJ.

POMEROY, Justice.

It is clear, a violation of 17-A M.R.S.A. § 255(1)(C) (unlawful sexual contact) has been established only when it is proven beyond a reasonable doubt that the sexual contact was "for the purpose of arousing or gratifying sexual desire" 17-A M.R.S.A. § 251(1)(D). To instruct that an intentional sexual contact with an "immoral or evil intent" is sufficient is not to describe the law accurately.

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