Thursday, April 14, 2005

En banc Court of Appeals affirms conviction for obscene display, as opposed to exposure, by defendant who showed the victim a picture

In Moses v. Com., the Virginia Court of Appeals, sitting en banc, disagreed with the earlier panel decision and affirmed the criminal conviction for obscene display under Va. Code 18.2-387 of a criminal defendant who went up a pre-teen girl at a Walmart and showed her a dirty picture. Judge Benton wrote a dissenting opinion, joined by Chief Judge Fitzpatrick and Judge Elder.

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