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National

TX: Online solicitation statute ruled unconstitutional

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 protecting children from sexual abuse.” Full Article

 Follow Up: First Amendment fouling Texas prosecutors’ efforts to criminalize sexual content

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With 33.021(b) ruled unconstitutional, how do I get what’s left of my life back?

I’m stunned…actual common sense and the constitution prevailed? Now, if there was that common sense in California, especially Orange and Santa Clara counties.

Ok, here’s a hypothetical question for those with a good legal mind; suppose I was convicted of an internet sting in Kalifornia, say a 664.288(a) and 664.288.2(B), both attempts. Now, if I move to Texas, establish residence and become a citizen there, I wonder if, once citizenship in that state is established, whether I’d be able to have that declared UNCONSTITUTIONAL according to Texas law? Just thinking with my typing fingers…

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