Illinois court determines e-mail with five images of CP only allows one count

In a recent Illinois case, four counts of child pornography possession were vacated on appeal. The defendant had received five images in a single e-mail. Under the appellate court's interpretation of state law, this amounts only to one violation of the relevant statute. People v. McSwain, 964 N.E.2d 1174 (2012).

Many states would allow for five counts in this situation. See, e.g., Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007). However, as discussed in this post, California law would also only allow one count.