State v. ThakarAnnotate this Case
The Supreme Court overruled Salter v. State, 906 N.E.2d 2012 (Ind. Ct. App. 2009), which found Ind. Code 35-49-3-3(a)(1) (the Dissemination Statute) void for vagueness was applied because the intended recipient met Indiana’s age of consent to sexual activity.
Defendant in this case was charged with dissemination of matter harmful to minors under the Dissemination Statute for sending a photograph of his erect penis to a sixteen-year-old girl. Defendant moved to dismiss on constitutional grounds, arguing that the statute was void for vagueness. The trial court dismissed the charges, relying on Salter. The Supreme Court reversed and remanded for further proceedings, holding that the Dissemination Statute is not unconstitutionally vague.