Perry v. State

Forty-six-year-old Bruce Edward Perry was convicted for allowing his 15-year-old daughter to engage in the production of obscene matter in violation of Alabama Code 1975, §13A-12-196, and was sentenced to 10 years' imprisonment. He was also convicted of sexual abuse in the second degree in violation of § 13A-6-67 and sentenced to 12 months in the county jail. Perry raises four issues on this appeal from those convictions.

I

Perry contends that § 13A-12-196 is "overbroad" and unconstitutional. Perry was arraigned in February 1989. In May of that same year, 14 days before trial, he filed a motion…