STATE v. BERGEN

No. 95-553.

141 N.H. 61 (1996)

THE STATE OF NEW HAMPSHIRE v. SCOTT BERGEN

Supreme Court of New Hampshire.

May 23, 1996.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (John P. Kacavas, assistant attorney general, on the brief and orally), for the State.

David M. Rothstein, assistant appellate defender, of Concord, by brief and orally, for the defendant.


HORTON, J.

The defendant, Scott Bergen, was convicted of indecent exposure and lewdness, see RSA 645:1, I(a) (Supp. 1995), after a jury trial in Concord District Court (Robbins, J.). The defendant appeals, arguing that the trial court improperly instructed the jury that the mens rea for a violation of RSA 645:1, I(a) is "recklessly." We reverse and remand.

The defendant entered the women's lingerie department of Bradlee's Department Store...

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