Singson v. Commonwealth
Virginia Court of Appeals
621 S.E.2d 682 (2005)
- Written by Galina Abdel Aziz , JD
Facts
On March 20, 2003, Joel Dulay Singson entered a public men’s restroom in a department store. Singson approached a stall with an undercover police officer inside, whom he peered at through a crack in the door. The police officer asked Singson what he was looking for, and Singson responded that he was looking for “cock.” The police officer asked Singson what Singson wanted to do, and Singson responded that he wanted to “suck cock.” The police officer asked whether he wanted to do it in the bathroom, and Singson nodded towards the handicap stall. Singson was arrested for solicitation to commit oral sodomy in violation of Code §§ 18.2-29, criminal solicitation, and 18.2-361, crimes against nature. A jury indicted Singson, and Singson moved to dismiss the indictment, arguing that § 18.2-361 was overly broad and vague in violation of the Due Process Clause of the Fourteenth Amendment. The trial court overruled Singson’s motion, and Singson entered a conditional guilty plea. Singson was sentenced to three years in prison, which was reduced to six months. Singson appealed, alleging that anti-sodomy statutes were unconstitutional.
Rule of Law
Issue
Holding and Reasoning (Humphreys, J.)
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