State v. Doe

SCHROEDEE, Justice.

John Doe (“Doe”), a juvenile, was charged with “Disrupting the Educational Process,” pursuant to Idaho Code Section 33 — 512(H). 1 Doe’s motion to dismiss was denied by the magistrate court and the district court affirmed. Doe challenges the constitutionality of Idaho Code Section 33-512(11) on the basis of over-breadth and vagueness.

i.

FACTUAL AND PROCEDURAL BACKGROUND

At the time of the incident giving rise to this case Doe was a ten-year-old elementary student attending the fourth grade. On March 14, 2001, he stood up in class and asked his substitute teacher for a…