STATE v. SMITH

No. 96-2961-CR.

215 Wis.2d 84 (1997)

572 N.W.2d 496

STATE of Wisconsin, Plaintiff-Appellant, v. Chauncer L. SMITH, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 6, 1997.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and David J. Becker, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Bill Ginsberg and Rick B. Meier of Mandell, Ginsberg & Meier of Madison.

Before Eich, C.J., Vergeront and Roggensack, JJ.


ROGGENSACK, J.

The State appeals an order dismissing two second-degree sexual assault charges against Chauncer L. Smith on the ground that the statute under which he was charged is unconstitutionally vague. Because we conclude that § 940.225(2)(c), STATS., provides fair notice of the prohibited conduct and also provides an objective standard for enforcement of violations, we reverse the decision of the circuit court and remand for further proceedings.

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