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Religion & Law

: Constitutionally Correct

Washington Supreme Court: Proper unit of prosecution for child porn is per possession not per image or child depicted

By ADF Alliance Alert

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State v. Sutherby, No. 80169-0 (Wash. April 9, 209)(Fairhurst J. Concurrence/Dissent) (Johnson J. Dissent) We hold that the proper unit of prosecution for possession of child pornography under former RCW 9.68A.070 is one count per possession, rather than per image or photograph or per minor depicted. We remand for resentencing on a single count of possession of child pornography. We reverse Sutherby's convictions for child rape and child molestation based on ineffective assistance of counsel in failing to seek severance of the charges and remand for further proceedings.

Full post as published by Constitutionally Correct on April 09, 2009 (boomark / email).

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