our position is the statue they surely are deficient however perhaps more importantly look what happened to my client in terms of how it's applied as i've indicated in my briefs the instruction given by the district court judge armstrong in this case anyone could possibly have with teenagers for instance in general we're dealing with the most personal kind of conduct and so yes there can be some statute narrowly drawn that would change things properly but what you have here is communication that doesn't immediate lot of this action we're talking about e mails on the telephone it's not like driving up on the street and asking a cross between something we're not talking about commercial speech we're talking about the most personal speech possible that one can have and so hopefully it's going to be  loving relationship just be very careful i'll be taking a birth control pills and make sure that we use a condom and we hope that our daughters would do that and we hope that our sons will do that and yet reading the statute the way you're reading it that person could be guilty of this crime first amendment argument in terms of whether where because as any crime it's not just the crime in california we could have a new yorker communicating to a new yorker on e mail and if that my seventeen year old son invited his seventeen year old girlfriend over the e mail to skinny that say i'll bring the bathing suits and i'll drive the car they could literally be violating this statute it basically brings the most counsel mentioned that the worst case and that does raise an issue and that is the montana statute that this court felt chilled free speech and in that instance there was a statute that criminalizes the threat the words of the threat nothing more such that someone could be prosecuted on them and montana statutes on the words of the pie rex it didn't require any additional action for actions that's right did not have to instill fear in the person that heard the threat that if someone threatens for instance in the words case to the department of parking in traffic if you don't lower the parking fees i will not put money in the meter and whether or not she would be prosecuted could be left to the discretion of the local jurisdiction but to the extent that it violates the statute does but a mother simply giving information to her daughter doesn't have the the notion that a person in new york communicating with another individual in new york on lying and let's just take an example that was raised in the briefs and one thousand year old whore i communicating with a seventy two year old female in alabama alabama the age of consent is seventeen if the communication was i'm looking forward to coming down to alabama over christmas time where we can have sexual relations that would not violate this law because it violate the alabama law it would be legal in alabama so he would be encouraging over the internet illegal conduct or instance the e mail said over christmas let's take a trip to nationwide and worldwide and so in an effort to bring some control over that into protect child exploitation with the statute specifically designed to do to i think i think it's a certainly a fair observation and that is much like if someone is to get in their car and drive from maine to new york across the state of california they're going to go to so many different jurisdictions all of which have different laws sexual activity that a person can be charged with a criminal offense meaning if a person says i want to have sex in the state of alabama and it's the age of consent it's not illegal but if you says i want to have the governor would have the burden of a battle that his conduct is subject to a charge that he brought against him not just any law that it would violate any law out there but a law that could actually  you can only be charged with a criminal telephony statute if you intended to commit the crime in california you can only be charged with criminal statute alabama's come out statute if you intended to commit the crime in alabama just because it violates the law of maine all you're doing i would be a defense from a defense could be raised but i couldn't have been charged with that violat and back so i think they're going go through the country every time there's an e mail and of course the mail travels through the country so i wouldn't rely on venue as being the limitation knowingly has always been look at the word knowingly your honor i'm just