State v. Moore

MICHAEL A. WOLFF, Judge.

Charles E. Moore was convicted of third-degree sexual misconduct, a crime committed when one “solicits another person to engage in sexual conduct under *65circumstances in which he knows that his request or solicitation is likely to cause affront or alarm.” Section 566.095.1 Moore’s appeal challenges the statute on its face as an unconstitutional infringement on the right of free speech.2

Because the sexual contact that Moore requested of a 13-year-old girl would — if engaged in — be statutory sodomy, the request occurred in circumstances he knew were likely to cause…