State v. Fox

Under ORS 162.005(2), a member of the Oregon National Guard qualifies as a public servant for the purposes of a sexual coercion charge.

Defendant appealed two convictions for sex crimes and argued that the trial court erred by denying both of his motions for a judgment of acquittal. Defendant Fox worked as a recruiter for the Oregon Army National Guard. Defendant exposed himself to a recruit and touched her underneath her clothing. The state charged the Defendant with attempted first-degree sexual abuse and one count of coercion. Defendant Fox argued that the “forcible compulsion” element for the sexual abuse charge was not met and that the coercion charge is not valid because his work with the Oregon Army National Guard does not make him a “public servant.” Defendant also argued that, if he was a public servant under the statue, the court erred by imposing an upward departure sentence in regards to the coercion count. The Court held the state presented sufficient evidence to prove forcible compulsion and that, as an employee of the Oregon Army National Guard, Defendant Fox was a public servant within the meaning of ORS 162.005(2). Additionally, the Court found that although Fox had inappropriately had his sentence enhanced it was irrelevant because the time he was serving for that charge was concurrent with his other charges. Affirmed.