The State Court of Appeals ordered a new trial for a man convicted of attempting to lure a child in Lewis County and, in the process, ruled the state law under which he was convicted was unconstitutional.
Russell David Homan was accused of, in August 2010, riding past a 9-year-old child on his bicycle and asking the child if he wanted to go to his house and get some candy.
Homan was later convicted in a bench trial of luring under RCW 9A.40.090.
Homan argued on appeal that the state had insufficient evidence to convict him, and that the RCW was unconstitutionally broad and limited free speech.
When he first appealed, the state Court of Appeals ruled that the prosecution did not have enough evidence to convict. Later, the state Supreme Court overruled that decision, and sent the case back to the Court of Appeals to consider whether the RCW was constitutional.
The Court of Appeals found that it was not, and added a “limiting construction,” in the law, requiring the state to prove some accused of luring had “criminal intent” to harm the victim in some way. The limiting construction makes the law constitutional, according to the court’s decision.
The court ruled that Homan should receive a new trial, because the trial court during his trial did not consider whether he had any criminal intent.
