Reverses child exploitation convictions in part because “[t]he State presented no evidence the victims exhibited their genitals [footnote omitted] or intended to satisfy anyone’s sexual desire.”
Criminal
Curtis v. State, No. 49A02-1203-MI-271, __ N.E.2d __ (Ind. Ct. App., Jan. 29, 2013).
Forfeiture of a vehicle used to sell pirated films is not authorized.
Alden v. State, No. 30A01-1209-CR-412, __ N.E.2d __ (Ind. Ct. App., Jan. 29, 2013).
New statutory discretion for a judge to convert a D felony conviction to a Class A misdemeanor conviction does not mandate that a judge order such a conversion.
Doe v. Prosecutor, Marion County, Indiana, No. 12-2512, __ F.3d __ (7th Cir., Jan. 23, 2013).
The First Amendment is violated by Ind. Code 35-42-4-12, which imposes A misdemeanor or D felony liability on certain sex offenders who use social networking web sites or instant messaging or chat room programs which the offenders know allow use by persons under eighteen.
Boling v. State, No. 20A04-1205-CR-237, __ N.E.2d __ (Ind. Ct. App., Jan. 24, 2013).
A person convicted of attempted child molesting is not per se a credit restricted felon.