Toghill v. CommonwealthAnnotate this Case
Defendant was indicted on charges of Internet solicitation of a minor. The parties agreed that Defendant was accused of soliciting oral sex from a minor and that oral sex between an adult and a minor is an act forbidden by Virginia’s anti-sodomy law, Va. Code 18.2-361(A). After a jury trial, Defendant was convicted. Defendant appealed, arguing that section 18.2-361(A) was facially unconstitutional in light of the decision of the U.S. Supreme Court in Lawrence v. Texas. The court of appeals affirmed, holding that section 18.2-361(A) was constitutional as applied to Defendant because the Lawrence decision did not prevent a state from criminalizing sodomy between an adult and a minor. The Supreme Court affirmed, holding (1) section 18.2-361(A) is not unconstitutional as applied to Defendant in this instance; and (2) it is proper to prohibit those applications of the statute that are unconstitutional and leaving the constitutional applications of the statute to be enforced.