People v. Loper
299 Mich. App. 451
| Mich. Ct. App. | 2013Background
- Defendant pled guilty to possessing child sexually abusive material and to using a computer to commit a crime.
- Disks provided by defendant’s ex-wife contained hundreds of child pornography images.
- Four disks contained images of prepubescent children; majority downloaded around May 2007, likely before that date.
- Defendant admitted during a 2010 interview to downloading some images; four disks were identified in prior proceedings.
- District court bound defendant over on one count of possession and one count of using a computer to commit that crime; circuit court accepted plea.
- Sentencing challenged on OV scoring and vagueness grounds; conviction upheld on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is MCL 750.145c(4) vague as applied here? | Prosecution argued statute not vague under as‑applied test. | Defendant argued statute vague, leading to improper OV scoring. | Not unconstitutionally vague as applied. |
| Whether OV 12/OV 13 scoring was proper given contemporaneity rules | OV 12/OV 13 supported by three+ contemporaneous acts. | Arguments about contemporaneity and duplication; potential OV 13 alternative. | OV 12 properly scored; OV 13 would not change result. |
| 是否两条法条在 pari materia 下冲突 | Argues statutes address same conduct. | Statutes address different aspects; not in pari materia. | Not in pari materia; two separate offenses punished. |
| 是否违反 Title-Object Clause 题名-目的条款 | Cynar principles permit title to cover amended provisions. | Language from later amendment still germane to title’s purpose. | No Title-Object violation; amendments align with title. |
Key Cases Cited
- People v Wiggins, 289 Mich. App. 126 (2010) (contemporaneous acts and OV scoring guidance)
- People v Malone, 287 Mich. App. 648 (2010) (as-applied vagueness review; burden on challenger)
- People v Nichols, 262 Mich. App. 408 (2004) (constitutional vagueness standard; substantial rights)
- People v Cynar, 252 Mich. App. 82 (2002) (Title-Object Clause framework; multiple-object analysis)
- People v New, 427 Mich. 482 (1986) (non-waiver of certain constitutional challenges)