People v. Lino

This case is about the scope of the statute punishing gross indecency. It is my position that the offense is limited to specific conduct. The Court reads the statute as if the Legislature intended it to be general morals legislation. Specifically, the result of today’s decision is that the statute will punish the conduct this Court determines to be immoral. Therefore, I dissent.

I agree that defendant Lino’s conviction should be affirmed. I write separately, however, because I disagree with the Court’s conclusion in Brashier that the gross indecency statute covers the conduct alleged.

The…