State v. Myers
Annotate this CaseDefendant was stopped after a highway patrol trooper registered Defendant’s car traveling at 112 miles per hour. Defendant, who was under the influence of alcohol and marijuana, was traveling with three small children in the vehicle. After a trial, Defendant was found guilty of abuse of a minor in violation of S.D. Codified Laws 26-10-1 because he had “exposed” the children as stated by the statute. Defendant appealed, asserting that section 26-10-1 is unconstitutionally vague because the statute does not define the word “expose.” The Supreme Court affirmed, holding that, even though section 26-10-1 does not include a definition of the word “expose,” the statute is not unconstitutionally vague because it affords the public adequate notice as to the conduct proscribed and does not allow law enforcement unfettered discretion to enforce it.
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