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STATE v. HALTOM

No. 20050815.

156 P.3d 792 (2007)

2007 UT 22

STATE of Utah, Plaintiff and Respondent, v. John Vonderhaar HALTOM, Defendant and Petitioner.

Supreme Court of Utah.

February 23, 2007.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Christine F. Soltis, Asst. Att'y Gen., Salt Lake City, for plaintiff.

W. Andrew McCullough, Midvale, for defendant.

NEHRING, Justice:

INTRODUCTION

¶ 1 John Haltom was convicted of dealing in material harmful to a minor, a third degree felony under Utah Code section 76-10-1206 (2000),1 and appealed his case to the court of appeals. Utah Code section 76-10-1206 renders criminal the sale of harmful material to a minor if the person making the sale "fail[s] to exercise reasonable care in ascertaining the proper age of a minor." The court...

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