SALT LAKE CITY — The Utah Supreme Court has ruled that a man’s sketch of himself naked and holding his daughter was “not overtly sexual,” reversing the man’s conviction on two counts of dealing in materials harmful to minors.
The Salt Lake Tribune reported (http://bit.ly/2tqwgR8 ) Monday that the court found the man’s lawyer to have been ineffective for failing to raise a free-speech defense — a defense justices believe would have been successful.
The Utah Attorney General’s Office states it’s reviewing the opinion.
The man is accused of sending two hand-drawn pictures to his 5-year-old daughter of him holding her while naked.
The photos were sent to the family in November 2008 while the man was incarcerated in the San Juan County jail.
The Associated Press is not identifying the man to avoid identifying the girl.