In a surprising decision – both for its unanimous outcome and the unlikely reference to Miley Cyrus “twerking” in a Texas judicial opinion – the Court of Criminal Appeals today declared Texas Penal Code §33.021(b), criminalizing online solicitation of a minor, “facially unconstitutional” in a habeas corpus writ styled Ex Parte John Christopher Lo. See their unanimous opinion (pdf) written by Judge Cathy Cochran which ruled that the statute is “overbroad because it prohibits a wide array of constitutionally protected speech and is not narrowly drawn to achieve only the legitimate objective of…
Read MoreDay: November 3, 2013
CO: Unintended effect of 1998 law: More sex offenders in for life
In Colorado prisons, the number of men and women serving life sentences for sex offenses today is 41 times greater than that of just 14 years ago. On the roster of lifers, sex offenders now outnumber everyone else — killers, kidnappers, armed robbers, arsonists, habitual offenders, adults who fatally abuse children. Sixty-three percent of all Colorado prisoners sentenced to life are sex offenders, a figure that is more than four times the national average. This wasn’t supposed to happen. The sponsor of a 1998 law providing lifetime supervision of sex…
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