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PODRACKY v. COM.

Record No. 0113-07-1.

662 S.E.2d 81 (2008)

52 Va. App. 130

Dean Robert PODRACKY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

June 10, 2008.

Attorney(s) appearing for the Case

James O. Broccoletti (Peter D. Greenspun; Zoby & Broccoletti, P.C.; Greenspun, Davis & Leary, P.C., on brief), Fairfax, for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: Judges KELSEY, HALEY and BEALES.

HALEY, JR., Judge.

Dean Robert Podracky ("Podracky") appeals his conviction for using a communications system to solicit a person, he knew or had reason to believe was a minor, for certain sexual offenses in violation of Code § 18.2-374.3(B). The only question presented in this appeal is whether the statute is facially overbroad because it prohibits free speech in violation of the First Amendment to the United States Constitution. Finding that Code § 18...

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