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Decision resolves conflicting appellate rulings

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An offense of attempted dissemination of matter harmful to minors can be committed when a defendant attempts to transmit prohibited matter by the Internet to an adult police detective posing as a minor, the Indiana Supreme Court ruled Tuesday.

The high court granted transfer to Andrew King v. State of Indiana, No. 49S04-0911-CR-507, to resolve a conflict in Indiana Court of Appeals decisions in Alpin v. State, 889 N.E.2d 882 (Ind. Ct. App. 2008), and Gibbs v. State, 898 N.E.2d 1240 (Ind. Ct. App. 2008). King argued there was insufficient evidence to support his conviction of attempted dissemination of matter harmful to minors because the material was actually received by an adult police officer. He claimed because it's not a crime to send such material over the Internet to someone who is over 18, it isn't a crime to attempt to engage in that activity. King also argued that subsection (b)(3) of the dissemination statute operates to exempt the statute from the general attempt statute and indicates the legislature's intent to not criminalize the transmission unless the recipient is actually a minor.

The justices examined the statutes defining attempt and dissemination of matter or conducting performance harmful to minors and upheld King's conviction. The general attempt statute applies to dissemination of matter harmful to minors and the crime of attempted dissemination isn't precluded when the intended minor recipient is actually an adult, wrote Justice Brent Dickson. The essence of an attempt is that one or more elements of an offense are not fully satisfied, but a defendant still has taken a substantial step toward the offense while acting with the requisite intent of that offense. If each of the elements of an offense is fully satisfied, the charged offense will be the offense, not an attempt of that offense.

In King's case, he sent the inappropriate matter to someone he thought was younger than 18 years old. The only element not met for the offense of disseminating matter harmful to minors is that the recipient was not younger than 18. Because the recipient was not a minor, the defendant was charged with attempted dissemination, rather than dissemination, of matter harmful to minors, wrote Justice Dickson.

As a result of their ruling, the justices disapproved and overruled Alpin and Gibbs to the extent that they may be read to prohibit convictions for attempted dissemination of matter harmful to minors where the supposed minor is actually an adult.

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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