The COA reverses the conviction for computer pornography and child exploitation on sufficiency grounds. While there are numerous ways to allege the offense, the State chose to allege that he used a computer online service to solicit a person he believed to be a minor to engage in conduct that would constitute the act of child molestation by enticing her to witness an act of masturbation, "an act which would constitute an immoral and indecent act in the presence of the child." The specific act was masturbation over a web camera. The Court reversed, reasoning that the "child" (undercover officer posing as a child) was never in his presence and that virtual presence over the internet is the functional equivalent to "presence" during phone sex. While the court affirmed a count for distributing pornographic materials over the internet, Selfe had received a probated sentence for that offense. The overturned count was one for which Selfe had been placed on probation.
Might I also add that Appellant's attorney is as handsome as he is smart.
The case is Selfe v. State, A07A2162 (January 30, 2008).
