State v. Gilmour

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the offenses of dissemination and exhibition of obscene material to minors under section 728.2 and sexual exploitation of a minor under section 728.12(1) are markedly different with respect to the nature of the criminal activity”
• holding that \the offenses of dissemination and exhibition of obscene material to minors under section 728.2 and sexual exploitation of a minor under section 728.12(1) are markedly different with respect to the nature of the criminal activity\
• holding ambiguity is present if reasonable minds may differ or be uncertain as to the meaning of the statute
• noting a mistake-of-age defense is available under section 728.10 for the crime of dissemination or exhibition of obscene material to minors but not available to the crime of sexual exploitation of a minor
• stating the “offenses of dissemination and exhibition of obscene material to minors under section 728.2 and sexual exploitation of a minor under section 728.12(1) are markedly different with respect to the nature of the criminal activity”
• “There is no indication in the statutory language that knowledge of age is an element of the offense.”

Source: CourtListener parenthetical corpus (CC0).