Commonwealth v. St. Louis
Annotate this CaseDefendant was convicted on four indictments alleging indecent assault and battery on a person with an intellectual disability in violation of Mass. Gen. Laws ch. 265, 13F. The crimes were alleged to have occurred between on or about January 1, 2008 and on or about September 16, 2011. On the effective date of November 2, 2010, the Legislature amended the statute substituting the term “mentally retarded person” with “person with an intellectual disability.” On appeal from the denial of his postconviction motions, Defendant asserted that the term “intellectual disability” renders Mass. Gen. Laws ch. 265, 13F unconstitutionally vague and that he was convicted under an ex post facto law. The Supreme Judicial Court affirmed, holding (1) Mass. Gen. Laws ch. 265, 13F, as amended, is constitutional; and (2) the convictions do not violate the ex post facto prohibitions of the Massachusetts Constitution or United States Constitution.
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