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STATE v. RODGERS

No. 10689.

718 P.2d 275 (1986)

STATE of Hawaii, Plaintiff-Appellant, v. Harry Allen RODGERS, Defendant-Appellee.

Supreme Court of Hawaii.

May 13, 1986.

Attorney(s) appearing for the Case

Peter M. Wilkins (Arthur E. Ross, on opening brief, Peter M. Wilkins, on reply brief), Deputy Pros. Attys., Honolulu, for plaintiff-appellant.

Richard Pollack (Susan Barr, on brief), Deputy Public Defenders, Honolulu, for defendant-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

NAKAMURA, Justice.

The question of law reserved for our determination by the Family Court of the First Circuit1 is whether Sexual Abuse in the First Degree is committed when a person touches the covered breasts of a thirteen-year-old female to gratify his sexual desire. We conclude it is not.

I.

The indictment returned by the Grand Jury charged the defendant with two counts of...

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