[Download] "Bank of Boston v. Scott Real Estate" by Appellate Court of Connecticut " eBook PDF Kindle ePub Free

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eBook details

• Title: Bank of Boston v. Scott Real Estate
• Author : Appellate Court of Connecticut
• Release Date : January 30, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The defendant, Raymond C. Ehlers, Jr., was charged in an information with one count of possessing child pornography in violation of General Statutes § 53a-196d. The material in question consists of numerous photographs of young children in the nude, some depicting the children performing sex acts with each other and with adults. The defendant moved to dismiss the information, claiming that § 53a-196d is unconstitutionally vague because it does not define the term "minor." The defendant also claimed that the information must be dismissed because there was insufficient evidence of an essential element of the crime of possessing child pornography. Specifically, he argued that child pornography, as defined in General Statutes § 53a-193 (13), must involve a "live performance," which, in turn, must be before an audience, and that there was no evidence of the existence of an audience in this case because the photographs in question did not show an audience. The trial court denied the defendants motion to dismiss. The defendant then entered a plea of nolo contendere, conditioned on the right to appeal the denial of his motion to dismiss. See General Statutes § 54-94a. The trial court rendered judgment, sentencing the defendant to three years imprisonment, execution suspended, and three years probation with special conditions. The defendant appealed the judgment of conviction to the Appellate Court and this court transferred the appeal to itself pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1.

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