State v. King
278 Or. App. 65
Coos Cty. Cir. Ct., O.R.2016Background
- Defendant (22) met the victim (13 at first meeting; 14 at later contact) and exchanged phone numbers; he knew her age.
- They exchanged sexually charged text messages over time (compliments, statements of arousal, invitations).
- In response to the victim asking what they would do, defendant texted: “Anything you want. I really wanna bang [you]. no lie.” He admitted “bang” commonly means sexual intercourse.
- Defendant was charged with luring a minor under ORS 167.057, alleging he furnished an “explicit verbal description of sexual conduct” to induce the minor to engage in sexual conduct.
- At a bench trial, defendant moved for judgment of acquittal arguing the text did not contain a “description”; the trial court denied the motion and convicted him.
- On appeal, the court applied the usual sufficiency-of-evidence standard and affirmed, interpreting “explicit verbal description” to include words intended to bring a graphic sexual image to the minor’s mind.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant’s text constituted an “explicit verbal description of sexual conduct” under ORS 167.057 | Text “I really wanna bang you” was an explicit verbal description intended to bring a graphic sexual image and thus meets the statute | The message named or identified sexual conduct but did not describe it; a description requires more detail than naming | Affirmed: The court held that a statement intended to produce a graphic sexual image (even concise language like “wanna bang”) can be an explicit verbal description under the statute |
Key Cases Cited
- State v. King, 307 Or. 332 (standard for viewing evidence in light most favorable to the state)
- State v. Cunningham, 320 Or. 47 (same evidentiary standard applied)
- State v. Rodriguez/Buck, 347 Or. 46 (bench-trial standard referenced)
- State v. Allison, 325 Or. 585 (bench-trial and motion standards)
- State v. Jones, 223 Or. App. 611 (statutory interpretation reviewed de novo)
- State v. Cloutier, 351 Or. 68 (use of context in statutory construction)
- State v. Newell, 238 Or. App. 385 (different statutory terms presumed to have different meanings)
