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Under state law, a person over 18 who uses the internet, phone, or computer system to solicit sex is guilty of a felony by “engaging in communication with a child or someone the person reasonably believes is a child, relating to or describing sexual conduct.” A Dakota County judge found that provision violates free expression and the three-judge panel of the Minnesota Court of Appeals today agreed.
It said “The government may not prohibit speech because it increases the chance an unlawful act will be committed ‘at some indefinite future time.’” Judge Peter Reyes said in today’s decision that the statute is overly broad and could ensnare people that were never targeted by the Legislature.
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