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Minor Solicitation Fairfax Virginia Lawyer Intention Distribution Obscene Material

Minor Solicitation Fairfax Virginia Lawyer Intention Distribution Obscene Material

Arnold v. Commonwealth
Facts:

Defendant challenged his convictions from the Circuit Court of Fairfax County (Virginia) for three counts of stalking under Va. Code Ann. § 18.2-60.3, four counts of contributing to the delinquency of a minor under Va. Code Ann. § 18.2-371, two counts of distributing obscene material under Va. Code Ann. § 18.2-374, and three counts of possessing obscene material with the intent to distribute under Va. Code Ann. § 18.2-374.

Minor Solicitation Fairfax Virginia Lawyer Intention Distribution Obscene Material

Minor Solicitation Fairfax Virginia Lawyer

Issue:
  • Whether the evidence was sufficient to prove that the defendant threw encouraged a delinquent act?
Discussions:

Over the course of two days, defendant drove through a residential neighborhood throwing allegedly obscene material out his car window at five juvenile girls. The material consisted of telephone sex line advertisements containing sexually explicit photographs and writing. On one occasion, defendant threw an allegedly obscene magazine. The advertisements were introduced into evidence at trial, but the magazine had been destroyed by one girl’s mother. Defendant was convicted in a bench trial of three counts of stalking under Va. Code Ann. § 18.2-60.3, four counts of contributing to the delinquency of a minor under Va. Code Ann. § 18.2-371, two counts of distributing obscene material under Va. Code Ann. § 18.2-374, and three counts of possessing obscene material with the intent to distribute under Va. Code Ann. § 18.2-374. On appeal, the court reversed one count of possession with the intent to distribute obscene items, and one count of contributing to the delinquency of a minor, finding the evidence insufficient to prove that the magazine defendant threw was obscene or that it encouraged a delinquent act. The court affirmed the remaining 10 convictions.

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Article written by A Sris
Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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