State v. Minyard, 231 N.C. App. 605 (Jan. 7, 2014)

The evidence was sufficient to support five counts of indecent liberties with a minor where the child testified that the defendant touched the child’s buttocks with his penis “four or five times.” The court rejected the defendant’s argument that this testimony did not support convictions on five counts or that the contact occurred during separate incidents. Acknowledging that the child’s testimony showed neither that the alleged acts occurred either on the same evening or on separate occasions, the court noted that “no such requirement for discrete separate occasions is necessary when the alleged acts are more explicit than mere touchings.” The court cited State v. Williams, 201 N.C. App. 161 (2009), for the proposition that unlike “mere touching” “multiple sexual acts, even in a single encounter, may form the basis for multiple indictments for indecent liberties.”