¶1(concurring specially).
¶2I agree that the defendant’s conviction should be affirmed. His guilty plea waived any contention that the statute is vague as applied. I do not believe that we may only apply this legal conclusion in a prospective manner. Consequently, I would not reach the constitutional challenge to the statute as applied to defendant. On the merits of that issue, I agree that the statute is not vague, as applied, but I disagree with the suggestion that the words “appropriate material” for educational or library use may never under any circumstances include visual depictions of children that might be described as child pornography.
¶3McGIVERIN, C.J., joins this special concurrence.