Tuesday, May 22, 2012

Military appeals court reverses conviction because four of six alleged images of CP did not meet definition

In United States v. Barberi, 2012 CAAF LEXIS 594, the Court of Appeals for the Armed Forces reversed and remanded a conviction for child pornography possession because four of the six images did not fit the required definition.


The investigation had revealed six images of a child that were introduced at trial in support of the allegation. The Army Court of Criminal Appeals had found that four of those images "were legally and factually insufficient to support a conviction" as they did not contain the necessary elements to be child pornography, but upheld the conviction because the remaining images did qualify.

The Court of Appeals for the Armed Forces disagreed, holding:
Although two of the images submitted by the prosecution in support of Charge II were legally and factually sufficient to support a finding of guilty, the remaining four were constitutionally protected and we cannot know which images formed the basis for the finding of guilt to the possession of child pornography charge.

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