BARSON v. COM.

Record No. 111406.

726 S.E.2d 292 (2012)

284 Va. 67

Dennis B. BARSON, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 7, 2012.


Attorney(s) appearing for the Case

Samuel R. Brown, II , for appellant.

John W. Blanton , Assistant Attorney General ( Kenneth T. Cuccinelli , Attorney General, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and CARRICO and RUSSELL, S.JJ.


Opinion by Justice DONALD W. LEMONS.

In this appeal from a misdemeanor conviction of "harassment by computer" pursuant to Code § 18.2-152.7:1, we consider whether the Court of Appeals erred in holding that the language utilized by Dennis B. Barson, Jr. ("Barson") in his emails was "obscene."

I. Facts and Proceedings Below

The facts material to this appeal are undisputed. In April 2009, Barson and his wife had been married eight years. By that...

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