The Colorado Supreme Court issued its opinion in Marsh v. People on Monday, February 6, 2017.
Child Pornography—Criminal Trials—Evidence.
In this case, the Colorado Supreme Court considered the meaning of “possession” in Colorado’s child pornography statute and held that when a computer user seeks out and views child pornography on the Internet, he possesses the images he views. Accordingly, the court concluded that because the evidence presented at trial established that petitioner’s cache contained images that a computer user had previously viewed on the web browser, the Internet cache images qualified as relevant evidence that the petitioner had previously viewed, and thus possessed, those images. Therefore, the court affirmed the court of appeals’ judgment in its entirety.
Summary provided courtesy of The Colorado Lawyer.