This morning the Court of Criminal Appeals denied the State’s Motion for Rehearing (PDF) in my case invalidating Section 33.021(b) of the Texas Penal Code.

The court pointedly ignored the Attorney General’s effort to intervene, and found that Section 402.010 of the Texas Government Code was also unconstitutional, in violation of the Separation of Powers provision of the Texas Constitution.

In related news, I’m pretty sure this purported quote in Mitch Mitchell’s Fort Worth Star-Telegram article about the case…

“It’s OK for adults to talk dirty to children,” said Mark Bennett, the Houston attorney who defended Lo.

…is a misquote, or at least out-of-context. I’ve never suggested that it’s okay for adults to talk dirty to children (unless in “talking dirty” you include all “sexually explicit” communication forbidden by 33.021(b)). Legal? Yes. My position from the beginning is that it’s not okay, but that it’s parents’—and not government’s—job to regulate what kids see and hear.