California Court of Appeal

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People v. Petrovic, B246250

Defendant's felony conviction of possession or control of child pornography with a prior conviction for child molestation is affirmed, where: 1) a violation under California Pen. Code, section 311.11(b) is interpreted differently than the federal child pornography statute, and thus the holding of United States v. Kuchinski (9th Cir. 2006) 469 F.3d 853 regarding knowledge does not apply here; 2) the relevant inquiry thus becomes whether the defendant knowingly possessed the images, in that he exerted some control over them or whether the presence of the images on his computer was merely inadvertent; and 3) there was sufficient evidence for the trial court to reasonably infer that defendant had "intentionally used his home" computer "to find, access, and peruse through quantities of child pornography" and to deliberately display such images on his computer screen.

Appellate Information

  • Decided 03/26/2014
  • Published 03/26/2014

Judges

  • GILBERT

Court

  • California Court of Appeal

Counsel