Child Pornography Fairfax Virginia Lawyer Possession Evidence Knowledge
Green v. Commonwealth
Following a bench trial, the Circuit Court of the City of Fairfax (Virginia) convicted defendant of 15 counts of misdemeanor possession of child pornography in violation of Va. Code Ann. § 18.2-374.1:1. Defendant appealed.
- Whether the evidence at trial was sufficient to convict him of possession of child pornography?
Defendant argued that the evidence at trial was insufficient to convict him of possession of child pornography. Specifically, he contended that the Commonwealth failed to prove he knowingly possessed the images contained within the computer. Defendant also alleged that the images were “hidden” in the computer. The appellate court concluded that the record supported the reasonable inference that defendant used the computer and had knowledge and control over its contents. Among other things, the computer, located in a residence over which defendant had exclusive control, contained “quick desktop access” to the folder containing the images, thus defeating defendant’s argument that the images were “hidden.” In addition, the systems registry on the computer revealed defendant as a registered owner of the operating system, and there was a software default setting that had been manually set to disallow file sharing, establishing the user’s control and management of the files.
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These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
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