Eleventh Circuit finds multiple images of CP in single photography session allow for multiple production counts

In United States v. Fee, No. 11-15356 (11th Cir. 2012), the Eleventh Circuit held that the production of multiple images of child pornography during a single photography session allows for multiple counts of production.

The defendant was convicted on eight counts of production of child pornography, and she argued on appeal that the multiple counts were multiplicitous.

However, the Eleventh Circuit held that the convictions were not multiplicitous as each involved an act "of sexually explicit conduct to produce separate visual depictions of that conduct." The statute punishes the production of "any visual depiction" which should be interpreted as Congress's intent to punish "each discreet visual depiction."