Government of the Virgin Islands v. John

*109MEMORANDUM OPINION I

The question presented by Defendant's Motion to Dismiss Count I is whether the first charging phrase of Section 505 of the Virgin Islands Child Protection Act of 1992, 14 V.I.C. § 501 et seq. is unconstitutionally void for vagueness. For the following reasons, this court holds that the provision is unconstitutional and will therefore grant Defendant's Motion to Dismiss Count I.

I

Defendant was arrested on October 17, 1994 and charged with Child Abuse in violation of 14 V.I.C. § 505 [Count I]; Assault in the Third Degree in violation of 14 V.I.C. § 297(2) [Count II]; and…