
by The Associated Press
Published: Fri, August 07, 2009 - 5:54 pm CST
MONTGOMERY, Ala. (AP) - An Alabama appeals court has ruled forthe first time that a crime occurs when an adult uses a computer to
transmit obscene materials to what he believes is a child, even if
the recipient is a police officer posing as a minor.
Attorney General Troy King says the precedent-setting ruling
Friday by the Alabama Court of Criminal Appeals means children in
Alabama are now safer.
The appeals court upheld the conviction that John Baney received
in Marengo County for sending obscene pictures to what he thought
were two Demopolis cheerleaders. The profiles were created by a
police officer.
Baney challenged the conviction because pictures weren't
received by a child. The appeals court said what mattered was
Baney's intention. Baney's lawyer says he will appeal.
(Copyright 2009 by The Associated Press. All Rights Reserved.)
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