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Computer Predator Law Challenged

Burlington, Vermont -- June 6, 2003

A legal battle is brewing over a three year old Vermont law aimed at protecting children from internet predators.  Under the law, using electronic means, such as computers, to attempt to contact minors for sexual purposes is a felony.

Less than a dozen suspects have been charged under the law since it went effect in July 2000, but several of the cases have triggered a potential constitutional legal battle.  At issue are several arrests triggered by specially-trained police officers, often in other states, who pose as minors on the internet in successful efforts to "sting" potential predators.

Burlington defense lawyer Brad Stetler, representing one of the defendants "stung" by a detective posing as a "virtual-teen", says the ploy is unconstitutional. Stetler is seeking dismissal of the charges claiming there was no crime because there was no victim, and his client was engaging in free speech protected by the first amendment.

"It creates a fantasy crime," said Stetler, "and it makes the police the thought police."

"Speech you know even if it is offensive or indecent or disgusting or ugly is protected by the first amendment," Stetler continued.

Assistant Attorney John Treadwell, a co-author of the electronic child-lure law, insists it has no free speech problem.

"I don't believe that the first amendment is a defense to this offense," says Treadwell.

Treadwell points out that the law is based on the same legal principle that permits state fish and game wardens to use wooden deer decoys to "sting" would-be deer jackers for prosecution.

The Vermont Supreme Court upheld the decoy law ten years ago in a precedent-setting ruling.

Treadwell is confident the same thing will happen with the child-luring law regarding police creation of fictitious cyber-kids as lures.

"The fact that the crime can not be completed does not make it, does not create first amendment problems," said Treadwell.

Stetler's motion for dismissal has been awaiting a ruling for six months, and is expected this summer.

Brian Joyce - Channel 3 News