State v. Purvis

This interlocutory appeal comes to us on report pursuant to V.R.A.P. 5(a) from the district court’s denial of defendant’s motion to dismiss the State’s complaint charging him with lewd and lascivious conduct in violation of 13 V.S.A. § 2601. The ques tion of law sought to be reviewed is as follows: Whether, as applied to the facts of this case, 13 V.S.A. § 2601 is unconstitutionally vague under the United States and Vermont Constitutions. We answer this certified question in the negative.

The State first argues that interlocutory review is inappropriate here because “factual distinctions could…