Moore v. State

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.), § ll-207(a)(3) of the Criminal Law Article 1 proscribing the “use [ofj 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 negative and reverse.

I

Moore was indicted by the Grand Jury for St. Mary’s County in a two count indictment, alleging violations of § 11— 207(a)(3) and § ll-208(a)…