Press Release Distribution
 

Members Login  |  Register  |  Why Join?   Follow us on Google+Follow us on TwitterFind us on LinkedInFind Us on FacebookSubscribe to our RSS FeedsSubscribe to our YouTube ChannelFind us on RebelMouse

Video Releases    |    Pricing & Distribution Plans    |    Today's News    |    News By Category    |    News By Date    |    Business Directory
All Press Releases for February 05, 2014 »
RSS Feeds RSS Feed     Print this news Printer Friendly     Email this news Email It    Create PDF PDF Version   



Online solicitation charges reversed due to unconstitutional law

A wide range of laws are available to prosecutors to charge individuals accused of sexual crimes. However, if the underlying law is unconstitutional, then a defendant's case must be dismissed.
 
x-small text small text medium text large text

    February 05, 2014 /24-7PressRelease/ -- Online solicitation charges reversed due to unconstitutional law

Article provided by Law Offices of Ruben Ortiz
Visit us at http://www.rubenortizcriminallaw.com

A wide range of laws are available to prosecutors to charge individuals accused of sexual crimes. Prosecutors will often be very aggressive in making such charges. However, if the underlying law is unconstitutional, then a defendant's case must be dismissed.

The Texas Court of Criminal Appeals case of Ex parte Lo provides an example where online solicitation of a minor was alleged under a state law.

Charged under an unconstitutional law?

The defendant was charged with the felony offense of online solicitation of a minor with the intent to arouse his desire. The defendant had allegedly communicated in a sexually explicit manner via a text message with an individual younger than 17 years old.

The defendant challenged the law itself under which he was being charged, arguing that the law was unconstitutional and violated the First Amendment of the United States Constitution.

Did the statute impinge on protected speech?

When the constitutionality of a statute is attacked and the government has sought to restrict and punish speech based on its content, the law is presumptively invalid and the government bears the burden to overcome that presumption. Courts must apply the most exacting scrutiny to laws that suppress speech. For such a law to meet this strict scrutiny standard, it must be both necessary to serve a compelling state interest and narrowly drawn--that is, using the least restrictive means possible to achieve its goal.

While "online solicitation of a minor" statutes have routinely been upheld, this is because it is the actual conduct of requesting a minor to engage in illegal sexual acts that is the core of the offense. The statute in this case contained a separate, very different section which prohibited and punished speech based on its content. The law barred electronic communication of material that "relates to" sexual conduct, which would include many modern movies and television shows.

Therefore, the Texas Court of Criminal Appeals held that, although the state has a compelling interest in protecting children, the provision was not narrowly drawn to achieve that goal. It effectively prohibited the dissemination of a great array of constitutionally protected speech.

The statute was found to be unconstitutional and the trial court was ordered to dismiss the criminal charges against the defendant.

A proactive defense

Anyone charged with a sexual crime must take quick action to protect their reputation and freedom. From mandatory registration requirements to serious time in jail, the consequences of such a charge can be life-altering. With so much at stake, you should choose who will defend you with great care. Look for an attorney with an aggressive and proactive defense style who will explore all options to protect your rights.



---
Press release service and press release distribution provided by http://www.24-7pressrelease.com


# # #

Read more Press Releases from FL Web Advantage:

Contact Information:
FL Web Advantage

E-Mail: Email us Here
Disclaimer:
If you have any questions regarding information in this press release, please contact the person listed in the contact module of this page. Please do not attempt to contact 24-7PressRelease. We are unable to assist you with any information regarding this release. 24-7PressRelease disclaims any content contained in this press release. Please see our complete Terms of Service disclaimer for more information.