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March 12, 2019

Minnesota v. Muccio: The Constitutionality of Minnesota's Sexual Grooming Law

Grooming a child for a sexual act is dangerous behavior that should be outlawed. However, state grooming laws, when drafted too broadly, run the risk of violating the First Amendment. This Comment examines a recent constitutional challenge to a Minnesota electronic grooming statute and argues that the Minnesota Supreme Court applied the wrong standard of review. The Court failed to apply strict scrutiny and thus upheld an overbroad statute in violation of First Amendment doctrine. This Comment also suggests a simple revision to bring the Minnesota statute in line with the Constitution and offers model legislation for other states interested in enacting a sexual grooming statute.