Posted On: December 23, 2008 by Mary Frances Prevost

POSSESSING MANY ITEMS OF CHILD PORN; HOW MANY COUNTS?

The defendent here possessed 46 items of child porn in 38 "containers" (disks, tapes, hard drives, etc.). So of course the DA filed 46 counts of PC 311.11, possession of child porn.

The Court of Appeal says that this is only one count, not 46. The fact that there were different containers doesn't matter.

People v. Manfredi; 2008 DJ DAR 18662; DJ, 12/23/08; C/A 5th