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State v. Pugh

Summarized by: 

Date Filed: 02-21-2013
Case #: A148574
Nakamoto, J. for the Court; Schuman, P.J.; and Wollheim, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A148574.pdf

Criminal Law: A person duplicates a sexually explicit image for purposes of ORS 163.684 when he or she downloads it on their personal computer. In addition, venue is proper in the county in which the download took place.

Defedant appealed a conviction of first-degree encouraging child sexual abuse. Law enforcement interviewed Pugh at his house after receiving a tip he was involved with child pornography. The officers noticed his computer was connected to the internet through a dial-up connection. Defendant consented to a search of his computer. Child pornography was found during the search. Defendant filed two motions for acquittal based on the State's failure to prove that he duplicated the images and failure to prove venue. The Court of Appeals held that the trial court was correct in denying these motions. Knowingly downloading an image is sufficient to show duplication. Venue was proper in this case because Defendant was using a dial-up connection, which meant he was the only person who could access the internet through the connection. Furthermore, the connection necessarily had to be within the county in which he lived. Affirmed.