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State v. Padilla

Supreme Court of Washington, En Banc

May 10, 2018

STATE OF WASHINGTON, Respondent,
v.
JAMEEL PADILLA, Petitioner.

          GONZALEZ, J.

         Jameel Padilla was convicted for communicating with a minor for immoral purposes. At issue here is Padilla's community custody condition prohibiting him from "possessing] or access[ing] pornographic materials, as directed by his supervising Community Corrections Officer" (CCO). Clerk's Papers (CP) at 37. Padilla argues that the condition and its accompanying definition of "pornographic materials" are unconstitutionally vague.

         Although the condition includes a definition of "pornographic materials, " the definition itself is vague and overbroad. A condition cannot be saved from a vagueness challenge merely because it contains a definition when that definition itself suffers the same weakness. Moreover, an overbroad definition does not sufficiently put the offender on notice of what materials are prohibited and subjects him to possible arbitrary enforcement. We therefore reverse the Court of Appeals' decision upholding the condition and remand to the trial court for further definition of the term "pornographic materials" following a determination of whether the restriction is narrowly tailored based on Padilla's conviction.

         Facts

         K.M., [1] a nine-year-old living in California, received a message on her Facebook page. At the time, her profile picture showed her at eight-and-a-half years old. The message, sent from "Jim Wilcox, " included sexually explicit texts. Originally, K.M. thought these messages were from a family friend, but quickly realized she was mistaken.

         A relevant portion of the conversation includes:

[Wilcox]: "are you alone?"
[K.M.]: "ya y?"....
[Wilcox]: "cause im jerking off to you. what are you wearing." ....
[WILCOX]: "you are so pretty, my cock is still hard for you." ....
[K.M.]: "shut up I am 9!!!!!!!!!!!!"....
[Wilcox]: "suck it"
[K.M.]: "no u r gross I am 9 so back off ....

CP at 113-14. Concerned and confused, K.M. blocked "Wilcox" and told her father about the conversation. K.M.'s father reported the messages to California law enforcement and provided screenshots of the conversation. Investigating officers discovered the Internet protocol (IP) address for the computer used to access the "Jim Wilcox" Facebook account was associated with ...


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