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MOORE v. STATE

No. 143 September Term 2004.

879 A.2d 1111 (2005)

388 Md. 446

Jonathan George MOORE v. STATE of Maryland.

Court of Appeals of Maryland.

August 11, 2005.

Attorney(s) appearing for the Case

Claudia A. Cortese, Assistant Public Defender (Nancy S. Forster, Public Defender, of Baltimore) on brief, for appellant.

Devy Patterson Russell, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, of Baltimore) on brief, for appellee.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

RAKER, J.

The question we must decide in this case is whether a person who downloads onto a computer visual representations of a minor engaged in obscene acts or sexual conduct violates Md.Code (2002, 2004 Cum.Supp.), § 11-207(a)(3) of the Criminal Law Article1 proscribing the "use [of] a computer to depict or describe a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct." We shall answer that question in the...

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