New Hampshire v. Wilson

by
Defendant Max Wilson was convicted by jury on four counts of violating RSA 632-A:10 (2016), which prohibited persons convicted of certain offenses from providing child care services. At issue was whether “help[ing the victim] out” and “do[ing] some [Bible] devotions with [the victim] and possibly help him with his schooling” were “child care services” as contemplated by the statute. According to her testimony, the victim’s mother noticed the victim “had an uneasiness that [she] could not put [her] finger on” regarding defendant’s and the victim’s relationship. The victim’s mother shared her concerns with her two older daughters; one of them searched defendant’s background on her computer and discovered that he was a registered sex offender. The victim’s father then terminated defendant’s contact with the victim. On appeal, defendant argued that the trial court erred in: (1) denying his motion to dismiss for insufficient evidence; (2) denying his motion to dismiss on grounds that “RSA 632-A:10, I, is void for vagueness, either facially or as applied”; and (3) “entering multiple convictions or imposing multiple punishments.” The New Hampshire Supreme Court affirmed the trial court’s denial of defendant’s motion to dismiss for insufficient evidence and on the alternative ground that RSA 632-A:10, I, was unconstitutionally vague, reversed its order on defendant’s double jeopardy motion, and remanded to the trial court with instructions to vacate three of defendant’s convictions and resulting sentences. View "New Hampshire v. Wilson" on Justia Law