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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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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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