State v. Luther

Scott O'Brian Luther appeals his juvenile court conviction and sentence on two counts of communication with a minor for immoral purposes, former RCW 9.68A-.090, 1 contending that the statute is unconstitutionally vague as applied to him and that his conduct was not proscribed by the statute. We agree that the conduct was not proscribed by the statute and reverse.

In 1989, Luther and a girl acquaintance, each of whom was 16 years of age, engaged in two acts of fellatio at the Health Experience Athletic Club. Prior to each act, Luther asked the girl whether she was going to perform fellatio as…