STATE v. DINH LOC TA

No. 104,241.

290 P.3d 652 (2012)

STATE of Kansas, Appellee, v. DINH LOC TA, Appellant.

Supreme Court of Kansas.

December 28, 2012.


Attorney(s) appearing for the Case

Michelle A. Davis , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Boyd K. Isherwood , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Derek Schmidt , attorney general, were with him on the brief for appellee.


The opinion of the court was delivered by LUCKERT, J.:

This appeal raises the issue of whether the State presented sufficient evidence of a lewd fondling or touching by proving that Dinh Loc Ta touched the faces, hair, arms, and legs of two young girls, touches the trial judge referred to as "relatively innocuous." 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...

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