State v. Sullivan

REYNOLDSON, Chief Justice.

The State’s appeal requires us to interpret and determine the constitutionality of subsection 709.4(2), The Code 1979. Trial court, sustaining defendant’s motion to dismiss a third-degree sexual abuse charge grounded upon this statute, held it unconstitutionally vague. We affirm in part, reverse in part, and remand.

July 12, 1978, defendant was charged by trial information with sexual abuse in the third degree, a violation of section 709.4, Code Supp. 1977. Conforming to a court ruling, the State later filed a bill of particulars that alleged defendant violated…