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STATE v. OSBORNE

No. 19533.

808 P.2d 624 (1991)

111 N.M. 654

STATE of New Mexico, Plaintiff-Appellee, v. Donald Wayne OSBORNE, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied April 16, 1991.

Attorney(s) appearing for the Case

Jacqueline Robins, Chief Public Defender, Amme M. Hogan, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Tom Udall; Atty. Gen., Margaret B. Alcock, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

MONTGOMERY, Justice.

Defendant Osborne challenges his conviction of criminal sexual contact of a minor (CSCM). In response to questions certified by the court of appeals, we are called upon to determine:

(1) Whether under our CSCM statute, which defines the offense as "unlawfully and intentionally touching or applying force to the intimate parts of a minor other than one's spouse ...", NMSA 1978, § 30-9-13 (Cum.Supp.1990), "unlawfulness...

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