Schermerhorn v. State

1, Frank Schermerhorn appeals two convictions for possessing or viewing matter depicting sexually explicit conduct involving a child. A Van Burén County jury convicted him of two counts and acquitted him oj’ thirteen counts. He was sentenced to six concurrent terms of imprisonment. Here, Schermerhorn argues that the statute under which he was convicted, Arkansas Code Annotated section 5-27-602, is unconstitutionally overbroad and “void for vagueness” because the law criminalizes inadvertent and innocent viewing of illegal explicit material. Because Schermerhorn’s constitutional challenge was…