State v. Degrenier

The question in this aggravated felonious sexual assault case is whether RSA 632-A:2 VIII (Supp. 1979) is void for vagueness or overbreadth because of the use in that statute, without definition, of the term “mentally defective.” We uphold the statute.

The defendant was indicted under RSA 632-A:2 VIII (Supp. 1979) for aggravated felonious sexual assault because he allegedly had sexual intercourse with a mentally defective woman who was not his spouse, with reason to know that she was mentally defective. The defendant moved that the indictment be dismissed, claiming that the statute was…