State v. Poe

EISMANN, Justice.

This is an appeal from a conviction for disturbing the peace in which the appellant alleges, among other things, that Idaho Code § 18-6409 is unconstitutionally overbroad. We affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

On September 7, 1999, the defendant-appellant Joseph Poe was charged with disturbing the peace in violation of Idaho Code § 18-6409 based upon statements he made to a thirteen-year-old boy who had come with his mother to Poe’s home to pick up another child.1 The jury found Poe guilty, and the district court upheld his conviction on appeal. He then…