Legal Question in Criminal Law in Virginia

I am wondering about the status of section 18.2-391 of the Virginia criminal code. If I understood things correctly, the PSINET v. Chapman case ended with the law being declared unconstitutional. Yet, in the most recent online documents I have found of the law, the unconstitutional portions are still there unchanged. How is that section being carried out, if at all?

Asked on 6/14/10, 6:30 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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On inquiry of the legal research engine with the case you've cited, i.e.,

Psinet v. Chapman, the case of Jaynes v. Commonwealth comes up

with no reference (as far as I can tell) to Psinet v. Chapman or to the

statute you've identified as Sec. 18.2-391 of the Virginia Criminal Code.

Furthermore, I find no evidence whatsoever that any part of this referenced

statute has been declared unconstitutional by any recent holding(s) of

any Virginia appellate court.

Answered on 6/16/10, 5:47 am

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