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All Day Suckers


This guy may be safe in the State of Washington, if this case stands up (from Courthouse News):

Evidence does not support the luring conviction of a man who asked a 9-year-old boy, “Do you want some candy? I’ve got some at my house,” a Washington appeals court ruled. According to the trial record, 9-year-old C.C.N. was walking to a store to buy milk for his mother when Russell Homan rode a child’s Superman BMX bicycle past him and asked, “Do you want some candy? I’ve got some at my house.”

Homan then rode away without stopping.

When C.C.N. returned home and told his mother, she called the police. They located Homan, who admitted to riding his bike near the store. He was charged with one count of luring, convicted in a bench trial and sentenced to 120 days.

On appeal, Homan challenged the evidence presented by the state as well as the constitutionality of the luring statute, which prohibits a person from luring a minor or a person with a developmental disability into any area or structure that is obscured from or inaccessible to the public or into a motor vehicle.
…………………………………………………………………………………………………
Homan’s offer of candy was “ill-advised,” but that does not qualify as luring under the statute, according to the ruling.
“We disagree with the state that Homan’s statements demonstrate both an invitation and an enticement to lure C.C.N. into a nonpublic structure,” Bridgewater wrote. “Rather, they show an offer of candy and a statement regarding its location. Furthermore, there is no conduct that elevates these statements to either an invitation or an enticement. Homan was riding by C.C.N. as he made the statements, and he did not slow or stop as he made them or even look back afterward. While Homan’s statements were ill-advised, they did not constitute a felony, and we remand to the trial court to reverse his conviction with prejudice.”

Court’s opinion is here.

I’m assuming this will be appealed up to the Washington Supreme Court, but so far it appears that a stranger offering a child candy in one’s house is not enticing a child in Washington. Good job guys!

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