Child Solicitation by Computer

2011-NMCA-098, No. 28,898: State v. Ebert – Defendant appealed conditional guilty plea to child solicitation by computer. Court of Appeals affirmed, holding that: (1) statute criminalizing child solicitation by an electronic communication device was not facially overbroad in violation of the First Amendment; (2) failure to include “unlawful” in the statute criminalizing child solicitation by an electronic communication device did not render the statute facially overbroad; (3) statute was not unconstitutionally vague in violation of Due Process Clause; and (4) statute did not violate the Commerce Clause.