A Contra Costa County, California Superior Court judge on Monday declared unconstitutional a Penal Code section that makes it illegal to transmit sexual material over the Internet if the person sending the information knows the recipient is a minor.

Judge John Minney, in granting a motion for dismissal on one of two counts in People v. Wheelock, 990875-7, found that Penal Code 288.2b violated the First and Fourteenth Amendments as well as the commerce clause.

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