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Turney v. Commonwealth
Citations: 159 S.W.3d 818; 2004 Ky. App. LEXIS 385; 2004 WL 1909332Docket: No. 2002-CA-002510-DG
Court: Court of Appeals of Kentucky; August 27, 2004; Kentucky; State Appellate Court
The Court evaluated Martel L. Turney's conviction for sexual abuse in the third degree under KRS 510.130, focusing on whether sufficient evidence existed to support the claim of sexual contact as defined by KRS 510.010(7). To be guilty of sexual abuse in the third degree, a person must engage in sexual contact without the victim's consent. Sexual contact includes any touching of intimate parts for sexual gratification. The victim testified that Turney was handling his naked penis in her presence and only touched her on the hip. The Court concluded that while Turney's conduct involved him touching himself in front of the victim, it did not constitute sexual contact under the statute since the only instance of physical contact was his hand on her hip. The relevant case law indicates that sexual contact requires actual touching, not merely the presence of sexual acts. The Court found no evidence supporting a conviction for sexual abuse in the third degree, suggesting that Turney's actions were more aligned with indecent exposure under KRS 510.150. Thus, Turney was entitled to a directed verdict of acquittal. The Kenton Circuit Court’s decision was reversed, and the case was remanded for further proceedings consistent with this opinion. Judges Taylor and Buckingham concurred, with Buckingham providing a separate opinion.