OPINION
REILLY, Judge
Appellant Timothy Turner challenges his conviction of criminal defamation,
arguing that Minn. Stat. § 609.765 violates First Amendment protections because it is
facially overbroad. Because Minn. Stat. § 609.765 is unconstitutionally overbroad and
not susceptible to a narrowing construction, we reverse.
FACTS
On the morning of August 30, 2013, appellant posted ads on Craigslist in
retaliation for a previous argument he had with former girlfriend C.M. Both postings
were sexually explicit and purported to be from C.M. and C.M.’s minor daughter, S.M.
The postings contained the cell phone numbers of C.M. and S.M. Because of these
postings, multiple men contacted C.M. and S.M., seeking to have sex with them.
Additionally, men sent S.M. pornographic images in text messages.
Eventually,
appellant admitted that he published the postings because he was mad at C.M. and S.M.
The state charged appellant with two counts of criminal defamation, in violation of Minn.
Stat. § 609.765, subd. 2.
Appellant moved to dismiss the charges, alleging that Minn. Stat. § 609.765 is
unconstitutionally overbroad and vague and that prosecuting him under the statute would
violate his First Amendment rights under the United States and Minnesota Constitutions.
The district court denied the motion, finding that Minn. Stat. § 609.765 is not
unconstitutionally overbroad or vague, and on April 29, 2014, appellant pleaded not
guilty to both charges. Appellant proceeded with a stipulated-facts trial pursuant to Minn.
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