Pornography Virginia Beach Lawyer Obscene Harassment Indecent Accuracy

Pornography Virginia Beach Lawyer Obscene Harassment Indecent Accuracy

Walter v. Commonwealth

Defendant was convicted in the Circuit Court of the City of Virginia Beach (Virginia) of harassment by computer, under Va. Code Ann. § 18.2-152.7:1. A panel of the Court of Appeals of Virginia reversed the conviction, and the Commonwealth’s petition for a rehearing en banc was granted.

Pornography Virginia Beach Lawyer Obscene Harassment Indecent Accuracy

Pornography Virginia Beach Lawyer

  • Whether there was sufficient evidence to support defendant’s conviction?

Defendant’s prosecution arose from e-mails he sent the victim and others. He said the language in the e-mails did not meet the definition of “obscene.” The appellate court held sufficient evidence supported defendant’s conviction because (1) the common definition of the word “obscene” more accurately encompassed the type of communicative conduct proscribed by the statute, namely, that which was obscene, vulgar, profane, lewd, lascivious, or indecent, than did a definition in Va. Code Ann. § 18.2-372, which was actually a definition of pornography, and (2) a reasonable fact finder could conclude that the language defendant used in his e-mails to the victim fit the common definition. Due process did not bar the application of this common definition of “obscene” to defendant’s conduct, when the word had been defined differently in a prior appellate decision, because the criminalization of the conduct resulting in defendant’s conviction predated that decision, which dealt with a different criminal statute and remained subject to the appellate court’s en banc review, as well as review by the Virginia Supreme Court.

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A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

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Article written by A Sris

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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