Klosky v. State

Summary

The Arkansas Supreme Court affirmed Daniel Klosky Jr.'s convictions on 38 counts under Arkansas Code Annotated section 5-27-602(a)(1) for distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child. The court held that the statute does not require the State to prove knowing receipt of the material for the purpose of distribution. Justice Hart, joined by Justices Baker and Goodson, dissented, arguing that the appeal challenged the sufficiency of proof regarding the required knowing mens rea and should have been decided on the merits.

Holdings

1. The statute does not require the State to prove knowing receipt of child pornography for the purpose of distribution. The statutory elements require proof that the defendant knowingly engaged in one of the specifically listed acts involving material depicting a child engaging in sexually explicit conduct.
2. The circuit court did not err in denying Klosky's motion to dismiss, and the convictions were affirmed.

Questions Presented

1. Whether Arkansas Code Annotated section 5-27-602(a)(1) requires the State to prove that the defendant knowingly received child pornography for the purpose of distribution.
2. Whether the circuit court erred in denying Klosky's motion to dismiss for insufficient evidence.

Disposition

affirmed