State v. Watts
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The Supreme Court affirmed Defendant's conviction of dealing in material harmful to a minor, a third degree felony under Utah Code 76-10-1206, holding that Defendant's argument that the statute was unconstitutional as applied failed.
As part of a sexually explicit online chat, Defendant sent photographs of women with nude breasts to someone who he thought was an underage girl. Defendant was convicted of dealing in material harmful to a minor, in violation of section 76-10-1206. On appeal, Defendant argued that because the photographs he sent did not depict sexual activity they could not qualify as obscenity, and therefore, the photographs were protected speech under the First Amendment. The Supreme Court affirmed, holding that where nudity may be obscene to minors without depicting sexual conduct, Defendant's argument that the statute was unconstitutional as applied to his conduct failed.
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