I'm not understanding your post, but on my iPhone 3GS, I was running 3.1.3 and I was able to jailbreak it just fine. I have never owned an iPod Touch, so it might be different. I didn't really find anything different from 3.1.2 to 3.1.3 really (so I wouldn't consider updating). I might ask a friend if I can try it on his iPod Touch though. What version iPod is it?