California Child Pornography

By: Wallin & Klarich

Simultaneous Possession of Multiple Child Pornography Materials in Multiple Computers at the Same Location is Chargeable, But As One Violation of State Law

In People v. Manfredi, the defendant was found with multiple images of child pornography in his home on multiple computers, hard drives, discs and tapes. As a result, the prosecutor filed several counts of possession of child pornography under Penal Code section 311.11.

The defendant argued that the charging of multiple counts was improper and that he should have only been charged with one count. On the other hand, the prosecutor argued that multiple counts were proper because the child pornography was found in different locations of the house.

The trial court granted the defendant’s demurrer and found that the statute was ambiguous. The court ruled that simultaneous possession of multiple child pornography materials in multiple computers at the same location is chargeable but as one offense.

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Posted In: Criminal Defense