'Grandpa' challenges Missouri law banning lewd solicitation

By The Associated Press

10.02.02

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JEFFERSON CITY, Mo. — A state law that led to the conviction of a 61-year-old man for making sexual comments to a 13-year-old girl should be declared unconstitutional, an attorney argued yesterday before the Missouri Supreme Court.

At issue is whether the 1994 state law against lewd solicitations infringes on the First Amendment right to free speech.

The law makes it a crime to solicit or request that a person engage in sexual conduct under circumstances in which a person knows a request will cause "affront or alarm."

Under that law, Charles E. Moore of Springfield was convicted of misdemeanor third-degree sexual misconduct in June 2001 and received a 15-day suspended jail sentence for making comments to a girl at a Springfield restaurant run by her family.

Moore is asking the state high court to reverse his conviction and toss out the law.

"It covers all areas and all forums. This statute follows us everywhere, in our homes," said Bruce Galloway, an attorney for Moore. "Its broad sweep goes far beyond conversations between an adult and a child."

Todd Myers, a Greene County assistant prosecutor, argued before the court that the state law was not designed to prohibit free speech but rather to protect people from offensive sexual solicitations.

Myers said Moore's comments went beyond merely stating an idea or belief but instead implied action, which under the law is considered solicitation.

"What we have here is a situation of a person who knows they are going to cause an affront or alarm," Myers said. "There's a difference between a conversation between two adults and a 61-year-old man and a 13-year-old girl."

Known as "Grandpa" at the restaurant that he frequented, court documents said Moore had asked the girl in late 2000 if she would perform an exotic dance for him at his home and then asked if she wanted to learn how to perform oral sex there.

Moore later threatened the girl if she told anyone about his comments. Court documents showed that Moore told police that he had made references to oral sex but did not attempt to solicit sex from the girl, who was identified in court documents as T.N.F.

Court documents also do not identify the restaurant where the incident occurred.

Although Moore's sentence was suspended, he was given two years' probation and was prohibited from having contact with the girl or her family. He also was required to register as a sex offender in Greene County.

Update

Missouri high court upholds law against lewd solicitation
'Lewd solicitation' law led to conviction of 61-year-old man for making sexual comments to 13-year-old girl.  11.14.02