State Of Louisiana v. Christopher Joseph Borne ( 2024 )

STATE OF LOUISIANA NO. 2024 KW 0908
VERSUS
CHRISTOPHER JOSEPH BORNE OCTOBER 16, 2024
In Re: Christopher Joseph Borne, for
applying supervisory
writs, 17th Judicial District Court, Parish of
Lafourche, No. 619904.
BEFORE: GUIDRY, C. J., PENZATO AND STROMBERG, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The trial court' s
ruling denying relator' s motion in limine is reversed in
part. With respect to the charge of
pornography involving
juveniles, only, relator is not prohibited from arguing he was
misled about the victim' s age. The age of the performers is the
crucial element separating legal innocence from wrongful conduct
because non - obscene,
sexually explicit materials involving persons
over the age of 17 are protected by the First Amendment. United
States v. X- Citement Video, Inc., 513 U. S. 64, 72- 73, 115 S. Ct.
464, 469, 130 L. Ed. 2d 372 ( 1994) . Thus, La. R. S. 14: 81. 1( D) ( 1)
must be severed from the remainder of the statute to prevent the
State from being relieved of
proving scienter as to minority.
See La. R. S. 24: 175; State v. Cinel, 94- 0942 ( La. 11/ 30/ 94), 646
So. 2d 309, 317, cert. denied, 516 U. S. 881, 116 S. Ct. 215, 133
L. Ed. 2d 146 ( 1995). Accordingly, because there is no
valid provision to the contrary in La. R. S. 14: 81. 1, mistake of
fact,
which precludes the presence of any mental element required
in pornography involving juveniles, including scienter as to
minority, is a defense to prosecution for that crime. La. R. S.
14: 16. In all other respects, the writ application is denied.
JMG
ARP
TPS
URT OF APPEAL, FIRST CIRCUIT
PUTY CLERK OF COURT
FOR THE COURT