State v. Dean A. Lovejoy

Summary

The Vermont Supreme Court affirmed Dean A. Lovejoy’s jury conviction for lewd or lascivious conduct with a child under 13 V.S.A. § 2602(a)(1). The Court held that sufficient circumstantial evidence supported the jury’s findings regarding the lewd nature of the conduct and Lovejoy’s requisite intent. It also held that open and gross lewdness under 13 V.S.A. § 2601a(a) is not a lesser-included offense of the charged crime.

Holdings

1. The evidence was sufficient for a rational jury to find beyond a reasonable doubt that defendant committed a lewd act upon the child with the intent to arouse, appeal to, or gratify sexual desires.
2. Open and gross lewdness under 13 V.S.A. § 2601a(a) is not a lesser-included offense of § 2602(a)(1), so the trial court properly refused to give the requested instruction.

Questions Presented

1. Whether the evidence was sufficient to support defendant's conviction under 13 V.S.A. § 2602(a)(1), including the requirements that the act be lewd and committed with the requisite sexual intent.
2. Whether open and gross lewdness under 13 V.S.A. § 2601a(a) is a lesser-included offense of lewd or lascivious conduct with a child under 13 V.S.A. § 2602(a)(1).

Disposition

affirmed