United States Fourth Circuit

Defendant's conviction for disorderly conduct is reversed and remanded for a judgment of acquittal, where: 1) the term "obscene" is unconstitutionally vague as applied to defendant; and 2) no rational trier of fact could find beyond a reasonable doubt that defendant's brief touch of the undercover ranger's crotch, done in response to the ranger's deliberate attempt to convince defendant that he would have sex with him as part of a sting operation, was physically threatening or menacing or likely to inflict injury or incite an immediate breach of the peace.

Appellate Information

• Decided 07/19/2013
• Published 07/19/2013

Judges

• WYNN

Court

• United States Fourth Circuit

Counsel