State v. Cook

PERRY, Judge.

Jack K. Cook appeals from his judgment of conviction for infamous crime against nature, specifically challenging the constitutionality of the statute as applied to the facts of his case. For the reasons set forth below, we affirm.

I

FACTS AND PROCEDURE

Cook performed fellatio on T.F., a male adult with Down’s Syndrome, in the sauna at a local gym. Cook was charged with one count of infamous crime against nature. I.C. § 18-6605. Cook filed a motion to dismiss, arguing that the infamous crime against nature statute was unconstitutional, either facially or as applied. The district…