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FERGUSON v. PEOPLE

No. 90SA497.

824 P.2d 803 (1992)

Robert E. FERGUSON, Defendant-Appellant, v. The PEOPLE of the State of Colorado, Plaintiff-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 24, 1992.

Attorney(s) appearing for the Case

Elvin L. Gentry, P.C., Elvin L. Gentry, Colorado Springs, for defendant-appellant.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Koehler, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Justice QUINN delivered the Opinion of the Court.

The question in this case is whether section 18-3-405.5, 8B C.R.S. (1988 Supp.), which proscribes as a class 4 felony the knowing infliction of sexual penetration by a psychotherapist on a client, is unconstitutionally overbroad in violation of the substantive due process rights of an accused, is violative of equal protection of the laws, or creates an unconstitutional presumption regarding a client's lack of capacity...

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