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It is assumed that the penalty is in the area of 90 to 120 days in prison.

  • In court, Judge stated that a "person" as in the definition of a "child" is a human being.

  • Dean 2011 called the overbreadth ruling into question because the Handley case failed to prove that 1466A a 2 and b 2 were substantially overbroad on their face; Dean was convicted under the sections previously deemed unconstitutional due to the fact that the overbroadth claim in Handley was an as-applied overbroadth challenge, and was therefore limited to the facts and circumstances of that case, whereas in Dean the defendant was charged under 1466A a 2 for possession of material constituting actual child pornography, which does not require a finding of obscenity, and was read to fall within the language of the relevant statute.




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