2013) (holding that Section 33.021(b) was overbroad because it prohibited a wide array of constitutionally protected speech and was not drawn narrowly enough to achieve only the legitimate objective of protecting children from sexual abuse). In all three points, he challenges the constitutionality of “what remains” of the statute under which he was indicted, Section 33.021 of the Penal Code.2 Section 33.021 criminalizes the online solicitation of a minor and has been held to be unconstitutionally overbroad in part. Radford presents three points of error in this appeal. The trial court held a hearing and denied the relief requested by Radford.
habeas corpus in which he sought to obtain habeas corpus relief from the trial court based upon his contentions that the statute under which he was indicted was unconstitutional. We note also that Section 33.021(c), which sets out the offense with which Radford was charged, was not amended in 2015. 1035, 1035–36 (West) (to be codified as an amendment to TEX. 2015).1 Radford filed a pretrial application for writ of 1 We note that part of Section 33.021 was amended as of September 1, 2015, but that the former version of that section remains in effect and applies in this case because the alleged offenses were committed prior to the amendment’s effective date. 10946-D MEMORANDUM OPINION Weston James Radford stands charged by indictment with the second-degree felony offense of online solicitation of a minor. THE STATE OF TEXAS, Appellee On Appeal from the 350th District Court Taylor County, Texas Trial Court Cause No. 11-15-00108-CR _ WESTON JAMES RADFORD, Appellant V. Opinion filed MaIn The Eleventh Court of Appeals _ No.
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