Furthermore, the trial court’s written decision suggests the ban on “sexually oriented material” prevented R.K. from accessing dating websites; finding R.K.’s conviction for violating his CSL condition is “fully justified by a particular term of his CSL separate and apart from the social media ban.” Yet, the court made no specific findings of fact that Craigslist constituted a dating website. Even assuming Craigslist is a dating website, which a website for personal ads is arguably not, the ban on sexually oriented materials does not limit R.K. from finding dates with consenting adults.
But even if we accept the proposition that R.K. was illegally soliciting prostitutes, based upon the record before us, such conduct does not fall within the limited condition prohibiting his access through the Internet to any “publication, . . . that contains a description or depiction of actual or simulated sexual acts” as defined in R.K.’s special CSL condition. Hence, R.K.’s conviction and sentence for accessing Craigslist is still illegal because he did not violate a proscribed CSL condition. Moreover, R.K. was not charged or convicted for soliciting a prostitute for his actions on Craigslist.
The prosecution might be encouraged pursue criminal charges for the alleged solicitation of a prostitute. To the extent, the defendant has a prior conviction for that offense, a subsequent offense would be a felony with a seven-year statute of limitations. Without a prior conviction, the defendant would likely escape prosecution because the charge would only be a disorderly persons offense with a one-year statute of limitations that has since passed.