268 So. 3d 307
La. Ct. App.2018Background
- Defendant Cal Broussard pleaded guilty to failing to register as a sex offender under La. R.S. 15:542C(1) after a probation officer found an unreported email address and laptop open to a social networking site during a compliance inspection.
- He reserved the right to appeal the statute's constitutionality under State v. Crosby when entering the guilty plea.
- Defense moved to quash on constitutional grounds; the trial court denied the motion.
- The State initially dismissed a separate charge under the social-network statute, rendering that challenge moot.
- The record contained no evidence that the Louisiana Attorney General was served or given an opportunity to participate in the trial-court challenge to the statute.
- The court vacated conviction and sentence and remanded so the Attorney General may be afforded a full opportunity to be heard before the constitutionality issue is adjudicated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether La. R.S. 15:542C is unconstitutional for requiring sex offenders to register email addresses/online identifiers | Statute is overbroad and chills anonymous online speech; analogous to Doe v. Harris | State did not brief merits below; statute serves compelling interest in protecting minors and is narrowly tailored | Court did not decide merits; vacated and remanded for proper participation by Attorney General before adjudicating constitutionality |
| Whether the Attorney General must be given notice/opportunity to participate when a state statute's constitutionality is challenged | (implicit) Challenge proceeded without AG notice at trial | State/AG: AG must be given notice and opportunity to defend statutes under La. law | Court held AG was not given meaningful opportunity; vacated conviction and remanded for proceedings allowing AG participation |
Key Cases Cited
- Doe v. Harris, 772 F.3d 563 (9th Cir. 2014) (found likely overbroad California registration rule as to internet identifiers in preliminary posture)
- State v. Crosby, 338 So.2d 584 (La. 1976) (procedure allowing reserved-error plea)
- Vallo v. Gayle Oil Co., Inc., 646 So.2d 859 (La. 1994) (constitutional challenge to statute must first be raised in trial court; AG notice required)
- Williams v. Monroe City Sch. Bd., 131 So.3d 833 (La. 2014) (purpose of La. C.C.P. art. 1880 service requirement is to afford AG opportunity to be heard)
- State v. Hart, 687 So.2d 94 (La. 1997) (statutes presumed constitutional; courts should uphold where possible)