Legal Opinion
State v. Bergen
Supreme Court of New Hampshire
Decided May 23, 1996No. 95-553PublishedCited by 9 opinions
1Opinion of the CourtHorton, J.
The defendant, Scott Bergen, was convicted of indecent exposure and lewdness, see RSA 645:1, I(a) (Supp. 1995), after a jury trial in Concord District Court (Robbins, J.). The defendant appeals, arguing that the trial court improperly instructed the jury that the mens rea for a violation of RSA 645:1, 1(a) is “recklessly.” We reverse and remand.
The defendant entered the women’s lingerie department of Bradlee’s Department Store on May 10, 1995, looked around to make sure he was not being observed, and then unzipped his pants, exposed his penis, and rubbed it. There were a number of people in…
2Cases cited6 opinions
- Messina v. StateCourt of Appeals of Maryland · 1957
- State v. AyerSupreme Court of New Hampshire · 1992
- State v. SousaConnecticut Appellate Court · 1964
- Ryall v. StateTennessee Supreme Court · 1958
- State v. GoodwinSupreme Court of New Hampshire · 1996
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Planned Parenthood of Northern New England v. HeedCourt of Appeals for the First Circuit · 2004
- State v. PaulsenSupreme Court of New Hampshire · 1999
- State v. Rollins-ErcolinoSupreme Court of New Hampshire · 2003
- State of Maine v. Andrew J. LegassieSupreme Judicial Court of Maine · 2017
- State v. GlennSupreme Court of New Hampshire · 2010
4 more not listed; retrieve them via the Exa API.