Court tossed conviction of child lurer who offered candy to kid
Dec 18, 2012, 3:18 PM | Updated: 3:24 pm
An appeals court has overturned the child luring conviction of a Lewis County man who offered candy to a kid.
Russell Homan was busted for saying “Do you want some candy? I’ve got some at my house” to a nine-year-old boy walking toward a store in Lewis County to buy some milk for his mother.
When the boy got home, he told his mother and Homan was arrested.
A judge convicted him of luring and sentenced him to four months in jail.
Now, that conviction has been tossed out. A state appeals court has concluded that luring requires some sort of conduct beyond just an invitation. The court pointed out that Homan, who was riding his bike at the time, did not slow down or even look back when the boy said nothing.
The appeals court called Homan’s comment “ill-advised” but not a crime and dismissed the case.
