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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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