State v. Mucia

Appellant was convicted of possession of child pornography, age nineteen and over, and sentenced him to three years’ probation. Appellant’s conviction caused him to be subject to the Nebraska Sex Offender Registration Act. The Court of Appeals affirmed, concluding (1) Neb. Rev. Stat. 28-813.01 requires sufficient proof that Defendant had the specific intent to possess child pornography and not merely a general intent to download files that turned out to be child pornography; and (2) the State adduced sufficient evidence to demonstrate that Appellant knowingly possessed child pornography. In response to the Court of Appeals’ interpretation of 28-813.01, the State filed a petition for further review. The Supreme Court affirmed, holding that a person knowingly possesses child pornography in violation of Neb. Rev. Stat. 28-813.01 when he or she knows of the nature or character of the material and of its presence and has dominion or control over it. View "State v. Mucia" on Justia Law