Comments on: Texas Online Solicitation of a Minor Statute Overbroad http://bennettandbennett.com/blog/2008/12/texas-online-solicitation-of-a-minor-statute-overbroad.html the tao of criminal defense trial lawyering Sun, 21 Mar 2010 02:16:46 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Mary Sue http://bennettandbennett.com/blog/2008/12/texas-online-solicitation-of-a-minor-statute-overbroad.html/comment-page-1#comment-6220 Mary Sue Fri, 26 Dec 2008 03:46:31 +0000 http://bennettandbennett.com/blog/2008/12/texas-online-solicitation-of-a-minor-statute-overbroad.html#comment-6220 Unconstitutional? A grown man or woman pretends to be a 14 year old teen girl and professionally lures a young man, sometimes for months. I think the constitution and common sense have gone out the window. Unconstitutional? A grown man or woman pretends to be a 14 year old teen girl and professionally lures a young man, sometimes for months. I think the constitution and common sense have gone out the window.

]]> By: Howard http://bennettandbennett.com/blog/2008/12/texas-online-solicitation-of-a-minor-statute-overbroad.html/comment-page-1#comment-6185 Howard Mon, 22 Dec 2008 20:00:13 +0000 http://bennettandbennett.com/blog/2008/12/texas-online-solicitation-of-a-minor-statute-overbroad.html#comment-6185 It sounds like the reasonableness of this law depends on whether two adults role-playing that one or both are juveniles are considered to be "representing" to each other that they are juveniles, or not. If the answer the court comes up with is no, then the problem goes away. I'm not optimistic that it will go that way, since Texas judges are not known for treating defendants reasonably. It would be far better if the law had been written so as not to allow room for misinterpretation (indeed, this ought to be a constitutional requirement for all laws). It sounds like the reasonableness of this law depends on whether two adults role-playing that one or both are juveniles are considered to be “representing” to each other that they are juveniles, or not. If the answer the court comes up with is no, then the problem goes away.

I’m not optimistic that it will go that way, since Texas judges are not known for treating defendants reasonably. It would be far better if the law had been written so as not to allow room for misinterpretation (indeed, this ought to be a constitutional requirement for all laws).

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