Legal Opinion

People v. Tombs

Michigan Supreme Court

Decided June 1, 2005No. Docket 125483PublishedCited by 59 opinions

1Opinion of the CourtKelly, J.

This case requires us to consider whether MCL 750.145c(3), which prohibits the distribution or promotion of child sexually abusive material, requires that the distribution or promotion be performed with criminal intent. If criminal intent is an element of the offense, we must determine also whether the prosecutor presented sufficient evidence to prove that defendant possessed it.

We agree with the Court of Appeals that MCL 750.145c(3) requires that an accused be shown to have had criminal intent to distribute or promote. We also agree that the evidence presented to the trial court was…

2Cases cited11 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Staples v. United StatesSupreme Court of the United States · 1994
  3. United States v. United States Gypsum Co.Supreme Court of the United States · 1978
  4. United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994
  5. People v. WolfeMichigan Supreme Court · 1992

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3Cited by59 opinions

  1. People v. BennettMichigan Court of Appeals · 2010
  2. People v. KowalskiMichigan Supreme Court · 2011
  3. People v. HarversonMichigan Court of Appeals · 2010
  4. People v. ChambersMichigan Court of Appeals · 2007
  5. People v. NixMichigan Court of Appeals · 2013

54 more not listed; retrieve them via the Exa API.

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