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PEOPLE v. TOMBS

Docket No. 125483. Calendar No. 1.

697 N.W.2d 494 (2005)

472 Mich. 446

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. Russell Douglas TOMBS, Defendant-Appellee.

Supreme Court of Michigan.

Decided June 1, 2005.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Carl J. Marlinga, Prosecuting Attorney, Robert Berlin, Chief Appellate Lawyer, and Beth Naftaly Kirshner, Assistant Prosecuting Attorney, Mt. Clemens, MI, for the people.

State Appellate Defender (by Peter Jon Van Hoek), Detroit, MI, for the defendant.

MARILYN J. KELLY, J.

This case requires us to consider whether MCL 750.145c(3), which prohibits the distribution or promotion of child sexually abusive material, requires that the distribution or promotion be performed with criminal intent. If criminal intent is an element of the offense, we must determine also whether the prosecutor presented sufficient evidence to prove that defendant possessed it.

We agree with the Court of Appeals that MCL 750.145c(3)...

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