Man with Multiple Images of Child Pornography on Computer Gets Multiple Sentences

Seven charges, convictions, and sentences for seven images of child pornography on the computer was proper because there were seven distinct instances of receiving and storing the different images

State v. Bakken, 2016 BL 250735, Minn., No. A14-2057, 8/3/16.

    The Minnesota Supreme Court clarified the purpose of a state statute that criminalizes the possession of multiple pornographic images of children and the computer used to store those images. The court held that it was the intent of the statute to issue a separate charge for each individual image stored on one device. A man received seven convictions and sentences for seven photos that he received over a one-month period that were stored on his computer. The defendant attempted to argue that the possession of the medium, such as a computer, allows only one conviction and sentence. The court, however, noted that possession of the image is the cause of the charge, not just the possession of the computer. The supreme court also rejected the alternative argument made by the defendant, which was that there cannot be multiple convictions and sentences because there was only one single transaction. The court disagreed, noting that he received the images over an extended period of time. This ruling aligns Minnesota with several other states, including Utah.

http://www.bloomberglaw.com/public/document/State_v_Bakken_No_A142057_2016_BL_250735_Minn_Aug_03_2016_Court_O.