[Download] "State Utah v. Heather S. Amicone" by Court of Appeals of Utah ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Utah v. Heather S. Amicone
- Author : Court of Appeals of Utah
- Release Date : January 25, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The defendant, Heather Amicone, a ticket taker at a movie theater, pleaded guilty to an information charging her with a violation of U.C.A., 1953, ร§ 76-10-1204, which prohibits the distribution of pornographic material. The defendant admitted that the tickets she had taken were to a movie that she knew to be pornographic. Section 76-10-1204(2) mandates incarceration for a minimum of seven days for a violation of ร§ 76-10-1204. The defendant received the mandatory minimum sentence. The defendant argues on this appeal that the mandatory sentencing provision (1) constitutes cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution; (2) violates the Equal Protection clause of the Fourteenth Amendment; and (3) will produce a chilling effect on free speech in violation of the First Amendment.