Commonwealth v. St. Louis

In this case, we are asked to examine whether the term “intellectual disability” in G. L. c. 265, § 13F (indecent assault and battery on a person with an intellectual disability), renders the statute unconstitutionally vague. On the effective date of November 2, 2010, the Legislature amended the statute substituting the term “mentally retarded person” with “person with an intellectual disability” as well as the words “be mentally retarded” with “have an intellectual disability.” St. 2010, c. 239, §§ 71-72. These amendments were part of a broad legislative scheme that purged the term “mentally…