BRIAN MITCHELL LEE, vs.
Double jeopardy “prohibits subjecting a person to multiple prosecutions, convictions, and punishments for the same criminal offense.”
“The prohibition against double jeopardy is ‘fundamental.’ ”
There are three offenses at issue in this case—(1) solicitation of a minor, (2) unlawful use of a two-way communications device, (3) and traveling after solicitation. The solicitation statute provides in pertinent part: (3) Certain uses of computer services or devices prohibited.—Any person who knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to: (a) Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; . . . commits a felony . . . .