United States v. Lanning, No. 12-4547 (4th Cir. 2013)
Annotate this CaseDefendant was convicted of disorderly conduct under 36 C.F.R. 2.34, which prohibits conduct that is "obscene," "physically threatening or menacing," or "likely to inflict injury or incite an immediate breach of the peace." Defendant very briefly touched an undercover ranger's fully-clothed crotch area after the ranger approached defendant, as a part of a sting operation specifically targeted at gay men, and initiated a sexually suggestive conversation with defendant, expressly agreeing to have sex with defendant. The court held that the term "obscene" was unconstitutionally vague as applied to defendant; no rational trier of fact could find beyond a reasonable doubt that defendant's brief touch of the ranger's crotch, in this instance, was "physically threatening or menacing" or "likely to inflict injury or incite an immediate breach of the peace;" and, therefore, the court reversed and remanded for a judgment of acquittal.
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