Unlawful use of electronic means

[larrynky]

Recently I became involed in a class d felony charge. Ky Revised Statue 510.155.
The question that I have is para (3) of this statue. It doesn't make sense and it is very questionable. Is there a way to repeal or how to repeal KRS 510.155 (3)?:

 

[army judge]

Really?

Only the state legislature can repeal a law.

A court can declare a law unconstitutional.

Other than that, I suggest you focus on helping your lawyer defend you. The other stuff ain't gonna happen!!

 

[larrynky]

Thank you very much for your reply. I used the term repeal and that is incorrect. Did you review the subsection (3)? Most of the sexual offenders did attempt to have a meeting. And thats whats puzzled me that no meeting occured.

 

[mightymoose]

Paragraph 3 makes perfect sense to me. It simply states that the solicitation of the minor is accepted as evidence of criminal intent even if a personal meeting with the minor never took place.

If you want the law repealed then write a very convincing letter to your representative in the state legislature to express your displeasure with these laws that protect children from sexual predators.

 

[larrynky]

How can my lawyer/myself prove this papa (3) to be unconstitutional to the Court?

 

[army judge]

How can my lawyer/myself prove this papa (3) to be unconstitutional to the Court?

I don't know.
I suggest you consult with your lawyer.
My legal instinct tells me that you won't be able to prove the law unconstitutional.

With that said, i suggest you speak with your attorney.
Voice your concerns to your attorney.
Ask your attorney.
See what your attorney has to say.

This forum is comprised of people not in a position to do anything about situations (nor do we want to in most cases).

We provide common sense, legal advice.


What you CAN do is avoid ALL contact with children and minors.
I avoid such contact with children.
You can and should avoid any and all contact (in any form and manner) with minors and children.

 

[mightymoose]

How can my lawyer/myself prove this papa (3) to be unconstitutional to the Court?

It won't happen. This acceptance of intent is pretty widespread and established.