New Hampshire v. Proctor

Defendant Edward Proctor was convicted by jury on one count of violating RSA 632-A:10, I, which prohibited people convicted of certain offenses from "knowingly undertak[ing] employment or volunteer service involving the care, instruction or guidance of minor children." Defendant was previously convicted of sexual assault, and at the time of the events leading to his conviction, was on parole. As a result of his conviction, he was required to report quarterly to the local police department so as to initial or sign a sex offender registration form. By initialing or signing the form, the defendant acknowledged that he could not work in positions involving children, including, but not limited to, providing service as a teacher, coach, daycare worker, scout master, summer camp counselor, guidance counselor, or school administrator. Defendant operated his own landscaping business that provided services such as snow-blowing and yard work. In February 2016, defendant provided snow-blowing services for the neighbor of a juvenile in Hooksett. Initially, defendant hired the juvenile to clear the neighbor’s driveway for him. In May 2016, defendant hired the juvenile to work for him on other jobs. He would pick up the juvenile at the juvenile’s home in Hooksett and drive him to job sites in Deerfield and Northwood. The work involved filling in pot holes, pulling weeds, and laying down bark mulch. Defendant told the juvenile what to do and showed him how to do it. The juvenile’s mother learned that defendant was a registered sex offender and directed her son to cease working for him. Defendant's motion to dismiss the indictment on grounds that the statute was unconstitutional was denied. Focusing on the phrase "the care, instruction or guidance of minor children," the New Hampshire Supreme Court concluded the statute did not preclude a person with a qualifying conviction from knowingly undertaking employment as a landscaper because landscaping is not a service that "by [its] nature provide[s] access to children." As such, the Court disagreed with the State's argument that "the care, instruction or guidance" of a minor with the supervision of a minor, and reversed the trial court's judgment. View "New Hampshire v. Proctor" on Justia Law