FOR IMMEDIATE
NEWS RELEASE
NEWS RELEASE
# 018
FROM: CLERK
OF SUPREME COURT OF LOUISIANA
The Opinion handed down on the 13th day of
February, 2004, is as follows:
BY
KIMBALL, J.:
2003-KA-1760
STATE OF LOUISIANA v. CRISTHIAN INTERIANO (Parish
of Jefferson)
(Indecent Behavior
With Juveniles)
For the foregoing
reasons, we find that the lower court erred in considering
attenuated hypothetical applications of La. R.S. 14:81(A)
in ruling the statute unconstitutional and we find a
narrowing construction of the statute provides adequate
notice to a person of ordinary intelligence and understanding
of what conduct is proscribed and an adequate evidentiary
standard for jurors to determine guilt or innocence.
Accordingly, we reverse the district court's finding
that La. R.S. 14:81(A) is unconstitutional and remand
for further proceedings.
DISTRICT COURT
JUDGMENT REVERSED; CASE REMANDED.
CALOGERO,
C.J., dissents and assigns reasons.
KNOLL, J., concurs
in the result with reasons.
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