State v. Homan

Bridgewater, J.*

¶1 — Russell David Homan appeals his luring conviction, arguing that the State produced insufficient evidence to support his conviction and that the luring statute, RCW 9A.40.090, is unconstitutionally overbroad. Because the evidence is insufficient to support Homan’s conviction for luring, we reverse and remand for dismissal with prejudice.

Facts

¶2 Early one summer evening, nine-year-old C.C.N. went to the store to buy some milk for his mother. He was walking along the road toward the general store when Homan rode a child’s Superman BMX bicycle past him. As Homan rode by, he…