State v. Laporte, 157 N.H. 229

Summary

The Supreme Court of New Hampshire reviewed the dismissal of an indictment charging Victor Laporte with endangering the welfare of a child by knowingly soliciting a child under sixteen to engage in sexual penetration. The court held that RSA 639:3, III does not require the purposeful mens rea associated with criminal solicitation under RSA 629:2, I, and that alleging the defendant acted knowingly was sufficient. The dismissal was reversed and the case remanded.

Holdings

1. Certiorari was the proper avenue for the State to seek relief from the order dismissing the criminal case after jeopardy had attached.
2. RSA 639:3, III does not incorporate the definition or mens rea of criminal solicitation in RSA 629:2, I. The term "solicitation" in RSA 639:3, III refers to the actus reus of enticing or strongly urging a child to engage in the specified sexual conduct, not to the separate offense of criminal solicitation.
3. The "knowingly" mental state in RSA 639:3, I applies to the conduct defined in RSA 639:3, III, except where the statute specifically assigns the higher culpability of "purposely" to particular elements. An indictment alleging that the defendant knowingly solicited a child under sixteen to engage in sexual penetration satisfies RSA 639:3, III.

Questions Presented

1. Whether the State could obtain certiorari review of the order dismissing the indictment after jeopardy had attached.
2. Whether RSA 639:3, III requires an indictment alleging solicitation of a child to engage in sexual penetration to allege the purposeful mens rea specified in the criminal solicitation statute, RSA 629:2, I.
3. Whether alleging that the defendant knowingly solicited a child under sixteen to engage in sexual penetration satisfies RSA 639:3, III.

Disposition

reversed_and_remanded