PEOPLE v. ENEA

No. 81SA190.

665 P.2d 1026 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gary Paul ENEA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

June 27, 1983.


Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., John Daniel Dailey, Asst. Atty. Gen., Litigation Section, Denver, for plaintiff-appellee.

Dennis W. Hartley, Colorado Springs, for defendant-appellant.


NEIGHBORS, Justice.

The defendant, Gary Paul Enea, appeals his conviction for sexual exploitation of children, section 18-6-403, C.R.S.1973 (1980 Supp. to 1978 Repl.Vol. 8). The defendant challenges the conviction on the ground that the statute is unconstitutionally vague and overbroad. The defendant also claims that social, emotional, or developmental harm to a child is an element of the offense which was neither established by the evidence nor included in the instructions...

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