Friday, September 18, 2009
The Iowa Supreme Court has affirmed a criminal conviction for distribution of obscene material to a minor. The case involved an 18 year old who had sent a photograph of his erect penis to a 14 year old female. The photo (along with a photograph of his face and an "I love you") was sent in response to her repeated request for same, although she testified that she had sought a photo of his penis in a non-erect condition. The sender and recipient were friends, although not in a dating relationship. She thought that she had deleted the message but apparently it was retrievable. The matter was brought to light by her mother, who surfs her internet traffic. The mother told the father; the father called the police.
The court concluded that the jury could properly find the photo obscene based on the instructions of the judge. The court also rejected a claim of ineffective assistance of counsel. (Mike Frisch)