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Granted Appeal Summary

Case

ROBERT LEIGH STOLTZ v. COMMONWEALTH OF VIRGINIA (Record Number 181033)

From 

The Court of Appeals of Virginia.

Counsel

Jonathan P. Sheldon (Sheldon, Flood & Haywood, PLC) and Thomas B. Walsh (Petrovich & Walsh, PLC) for appellant.

Robert H. Anderson, III (Office of the Attorney General) for appellee.

Assignment of Error

The Court of Appeals erred in affirming the trial court’s error of not finding Va. Code § 18.2-374.3 either unconstitutional facially or as applied in violation of the First Amendment and the Due Process clause of the Fourteenth Amendment to the United States Constitution, where there is no child involved, Stoltz reasonably, objectively and correctly believed that the “child” was actually an adult, the jury indicated they believed him, and yet the jury instructions allowed a guilty verdict despite his actual belief.

Source Document: http://www.courts.state.va.us/courts/scv/appeals/181033.pdf