“Personal Possession” of Child Pornography Can Be Supported By Many Different Forms of Circumstantial Evidence

In Tecklenburg v. Superior Court, child pornography was found in the defendant’s home on the family computer. The defendant argued that the child pornography was not his and that it may have been the result of accidental internet use or involuntary computer pop-ups.

The prosecution set forth evidence that the size and format of the child pornography images did not match that of a pop-up, some images were found multiple times, and various word searches included terms commonly connected with child pornography. In addition, similar evidence was found on the defendant’s work computer.

The court found that the circumstantial evidence was sufficient to show the defendant personally possessed the child pornography on the family computer.

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