State v. Johnson

The defendant argues the offense of stepchild incest under Neb. Rev. Stat. § 28-703 (Reissue 1995) is unconstitutionally vague and therefore violates the due process provisions of the U.S. Constitution and the Nebraska Constitution, because it prohibits incest with a “minor” stepchild but does not define “minor.” I agree, as does a majority of this court. But the opinion of this court does not decide whether § 28-703 is unconstitutionally vague, based on the court’s conclusion that the statute’s unconstitutionality is not “plainly evident.” Because this issue involves the constitutionality of…