Toghill v. Commonwealth

PRESENT: Lemons, C.J., Goodwyn, Millette, Mims, and McClanahan, JJ., and Lacy and Koontz, S.JJ. ADAM DARRICK TOGHILL OPINION BY v. Record No. 140414 JUSTICE S. BERNARD GOODWYN February 26, 2015 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA In this appeal, we consider whether Code § 18.2-361(A) 1 is facially unconstitutional in light of the decision of the United States Supreme Court in Lawrence v. Texas,

539 U.S. 558

(2003). Background Adam Darrick Toghill (Toghill), an adult, engaged in an email exchange with a law enforcement officer posing as a minor wherein Toghill proposed…