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STATE v. HANSEN

TC 84 1128; CA A34714; SC S33537.

743 P.2d 157 (1987)

304 Or. 169

STATE of Oregon, Respondent On Review, v. Diane HANSEN, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided September 29, 1987.

Attorney(s) appearing for the Case

Robert J. McCrea, Eugene, argued the cause and filed the petition for petitioner on review.

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

LENT, Justice.

Defendant, a high school teacher, was indicted for sodomy in the third degree, ORS 163.385, which prohibits "deviate sexual intercourse" with a person "under 16 years of age." At trial the state introduced evidence that defendant had engaged in such intercourse with one of her students on December 4, 1983, the day before the student's 16th birthday. The jury found her guilty, and she was sentenced to a prison term of five years. The Court of Appeals...

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