The Fourth Department justices held that even though Penal Law Section 235.22 makes no reference to telephonic communications, the conduct indicted in 'People v. Holmes' fits within the intent of the statute if not its precise words. In another criminal case decided last week, a panel reversed a robbery conviction in the interest of justice for prosecutorial misconduct.
Penal Law Held to Reach Sexting by Phone, as Well as Computer
New York Law Journal
January 2, 2013
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