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STATE v. THERIAULT

No. 2007-601.

960 A.2d 687 (2008)

The STATE of New Hampshire v. Robert THERIAULT.

Supreme Court of New Hampshire.

Opinion Issued: December 4, 2008.

Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Thomas E. Bocian, attorney, on the brief and orally), for the State.

David M. Rothstein, deputy chief appellate defender, of Concord, on the brief, and Paul Borchardt, assistant appellate defender, orally, for the defendant.

DUGGAN, J.

The defendant, Robert Theriault, was found guilty of prostitution, see RSA 645:2, I(f) (2007), following a bench trial in the Superior Court (Conboy, J.). The defendant appeals the trial court's denial of his motion to dismiss, alleging the prostitution statute is constitutionally overbroad as applied to him. We reverse.

The record reveals the following. The defendant was employed as a court security officer in Franklin District Court...

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