Cal. court reverses CP possession conviction

California courts have held that possession of multiple images of child pornography constitute only a single act of possession (People v. Hertzig, 156 Cal. App. 4th 398 (2007)). Also, the simultaneous possession of child pornography in multiple containers (hard drives, DVDs, etc.) in the same location is also only one act (People v. Manfredi, 169 Cal. App. 4th 622 (2008)).

In a recent case, People v. Sample, the defendant was convicted of two counts of possession of child pornography - one each for a laptop in his backpack, an external hard drive in his backpack, and a computer in his storage shed. Because the external hard drive was found in the same location as the laptop, it was not a separate act of possession. (200 Cal. App. 4th 1253 (2011)). Therefore, the appellate court reversed one of the two convictions under the statute.