Solicitation And Communication Involving Sexual Conduct Statute Found Unconstitutional

The Minnesota Court of Appeals held that felony communication involving sexual conduct with a minor was unconstitutional. Minnesota statute 609.352 governs solicitation of children to engage in sexual conduct and communication of sexually explicit materials to children. Subd. 2a. holds that:

A person 18 years of age or older who uses the Internet, a computer, computer program, computer network, computer system, an electronic communications system, or a telecommunications, wire, or radio communications system, or other electronic device capable of electronic data storage or transmission to commit any of the following acts, with the intent to arouse the sexual desire of any person, is guilty of a felony and may be sentenced as provided in subdivision 4:

(1) soliciting a child or someone the person reasonably believes is a child to engage in sexual conduct;

(2) engaging in communication with a child or someone the person reasonably believes is a child, relating to or describing sexual conduct; or

(3) distributing any material, language, or communication, including a photographic or video image, that relates to or describes sexual conduct to a child or someone the person reasonably believes is a child.

The court of appeals held that subd. 2 (2) was unconstitutional because it was too broad with the potential to ban speech protected by the First Amendment. The case surrounded Krista Muccio who was a lunch lady and 15-year-old student. The child’s father found inappropriate images with naked pictures of women. They exchanged sexual conversations and explicit photographs. She was charged with communication with a minor describing sexual conduct and child pornography. The defense attorney filed a motion to dismiss because the law statute was unconstitutional. The broad language of the statute, which holds that if the adult wishes to “arouse the sexual desire of any person” is guilty of a felony. It does not limit the terminology of “any person” to just “children” when the definition of a child is any person 15 years of younger. The Dakota county attorneys office plans to appeal the decision. Stay tuned to the Keller Criminal Defense Attorneys blog to hear whether the Minnesota Supreme Court will hear the case.

This is a very important decision that may affect many solicitation cases involving minors in Minnesota. If you have been charged with solicitation of children to engage in sexual conduct and communication of sexually explicit materials to children, this ruling may affect your case. Contact a criminal defense attorney t see if the new court of appeals decision applies to your solicitation case and if there are grounds to file a motion to dismiss. If you are facing solicitation charges, you will need a skilled defense attorney on your side. If you have been charged with solicitation contact Keller Criminal Defense Attorneys for a free consultation at 952-913-1421 and visit the firm’s website at www.kellerlawoffies.com

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.
Knowing the tips for interacting with law enforcement as a suspect in Minnesota can keep you from saying or doing something that incriminates you. These tips include understanding your rights while interacting with law enforcement, knowing how to handle search and seizure, and seeking the early intervention of a criminal defense lawyer. You should apply these tips when you are stopped for questioning, a suspect in a criminal investigation, pulled over in a car, and during arrest, arrest processing, and custody.
You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.