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STATE v. BROWN

No. 17164-3-II.

78 Wn. App. 891 (1995)

899 P.2d 34

THE STATE OF WASHINGTON, Respondent, v. JAMES K. BROWN, Appellant.

The Court of Appeals of Washington, Division Two.

August 3, 1995.

Attorney(s) appearing for the Case

Greg S. Memovich and Botkin Memovich & Banks, for appellant.

Russell D. Hauge, Prosecuting Attorney, and Pamela B. Loginsky, Deputy, for respondent.

BRIDGEWATER, J.

Today we examine the issue of whether rape includes an element of intent when "sexual intercourse" consists of "sexual contact" involving the sex organs of one person and mouth of another. The statute contains a definition of "sexual contact" that includes "the purpose of gratifying sexual desire." We follow precedent and apply statutory construction in holding that intent is not an element of rape, and thus the information and instructions were adequate...

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