Posted by Eugene Volokh:
New Mexico Lesbian Devil Sex Case:
I blogged about this prosecution [1]earlier this week; my view was
that the accused simply wasn't guilty of a crime under New Mexico law,
at least under that portion of New Mexico law -- distribution to
minors or display to minors of obscene-as-to-minors materials -- that
was being discussed.
Ruth Waytz, the wife of the artist who drew the allegedly
obscene-as-to-minors sticker, now reports:
Dean Young's case was dismissed this morning, but the judge did so
Without Prejudice, which means the NM authorities are still free to
file other charges against him in the future. Not sure what those
other charges might be . . . .
Maybe Young did something else that actually was a crime, but my sense
is that he's off the hook for the sticker.
References
1. http://volokh.com/archives/archive_2005_02_13-2005_02_19.shtml#1108514240
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