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PEOPLE v. CERVI

Docket No. 262331.

717 N.W.2d 356 (2006)

270 Mich. App. 603

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Jonathan CERVI, Defendant-Appellee.

Court of Appeals of Michigan.

Decided April 18, 2006, at 9:00 a.m.

Released for Publication July 7, 2006.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Kym L. Worthy, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Jon P. Wojtala, Assistant Prosecuting Attorney, for the people.

Gerald S. Surowiec, Farmington Hills, for the defendant.

Before: DAVIS, P.J., and FITZGERALD and COOPER, JJ.

COOPER, J.

This appeal presents a question of first impression in Michigan. It focuses on the interplay between protected free speech and the state's interest in protecting minors from sexual predators seeking victims via the Internet. At issue is MCL 750.145d, a statute which criminalizes use of "the internet or a computer ... to communicate with any person for the purpose of . . . [c]ommitting, attempting to commit, conspiring to commit, or soliciting another person...

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