American Fork City v. Smith

DECISION

T1 David M. Smith appeals from his conviction of electronic communication harassment, a class B misdemeanor. Smith asserts various constitutional issues to challenge his conviction. We affirm.

T2 Smith first asserts that Utah Code section 76-9-201 is unconstitutional because it is overbroad and vague, and therefore violates the First Amendment of the United States Constitution. Although Smith argued to the jury that his vile speech directed at his ex-wife was protected under the First Amendment, he did not raise a challenge to the constitutionality of the statute before the trial…