STATE v. SULLIVAN

No. 63808.

298 N.W.2d 267 (1980)

STATE of Iowa, Appellant, v. Timothy SULLIVAN, Appellee.

Supreme Court of Iowa.

November 12, 1980.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Douglas F. Staskal, Asst. Atty. Gen., and Allan L. Goode, Asst. Webster County Atty., for appellant.

C. Joseph Coleman of Mitchell, Coleman, Perkins & Enke, Fort Dodge, for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, McCORMICK, McGIVERIN, and SCHULTZ, JJ.


REYNOLDSON, Chief Justice.

The State's appeal requires us to interpret and determine the constitutionality of subsection 709.4(2), The Code 1979. Trial court, sustaining defendant's motion to dismiss a third-degree sexual abuse charge grounded upon this statute, held it unconstitutionally vague. We affirm in part, reverse in part, and remand.

July 12, 1978, defendant was charged by trial information with sexual...

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