The dismissal was upheld by the Indiana Court of Appeals in February and transferred to the Supreme Court this May. "The Dissemination Statute clearly protects minors under the age of 18 from the dissemination of matter harmful to them," Justice Mark S. "Whether this inconsistent statutory treatment of minors aged 16 and 17 is advisable with respect to sexually-related activity is a matter for the legislature, and whether Thakar’s alleged conduct violated the Dissemination Statute is a matter for the jury."Authorities say Thakar sent a nude picture of himself to an Oregon girl who he knew was only 16. The court in that case held that the statute was unconstitutionally vague because the activity wouldn't be considered "patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable matter for or performance before minors," which Massa said is a necessary element of the definition "harmful to minors" under state law.
But in the opinion issued Monday, all five Indiana justices agreed that the state's dissemination statue was clear in its terms.
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