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STATE v. BONNER

No. 27497.

61 P.3d 611 (2002)

138 Idaho 254

STATE of Idaho, Plaintiff-Respondent, v. Gary BONNER, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied January 17, 2003.

Attorney(s) appearing for the Case

Van G. Bishop, Nampa, for appellant.

Hon. Alan G. Lance, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

LANSING, Judge.

Gary Bonner appeals from his judgment of conviction for sexual battery of a minor. Because we conclude that the subsection of the sexual battery statute under which Bonner was prosecuted is unconstitutional, we reverse the judgment.

I.

FACTS AND PROCEDURE

Bonner was apprehended by police standing outside the home where a sixteen-year-old girl resided. He had in his possession a video camera and a small stepstool. Police...

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