Keim v. State

Abbott, C.J.:

Roy A. Keim appeals from the trial court’s denial of his K.S.A. 60-1507 motion, in which he alleged K.S.A. 21-3502(l)(c) is unconstitutionally vague.

On June 14, 1987, Keim attempted to have sexual intercourse with D.C., a thirty-year-old woman with Down’s Syndrome. Psychological testing indicates D.C. has a functional age of between four and six years. D.C. and her roommate, J.G., also a mentally retarded adult, lived semi-independently in an apartment in McPherson.

In a statement to her “Independent Living Coordinator” after the incident, D.C. reported that Keim came to the…