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Supreme Court of Iowa· 10/19/1994

State v. Gilmour

Citations

  • 522 N.W.2d 595
  • 1994 Iowa Sup. LEXIS 213
  • 1994 WL 575845

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).

Judges: McGiverin, Larson, Carter, Snell, Andreasen

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

14 cases in this archive are cited by this case.

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