State v. Dubuque

The Supreme Court reversed the circuit court’s order sentencing defendant for five separate violations of W.Va. Code 61-8C-3. Defendant pleaded guilty to five counts relating to his possession of material visually depicting a minor engaged in sexually explicit conduct in violation of the statute. On appeal, Defendant argued that the circuit court erred when it ruled that Defendant’s possession of five individual VHS tapes containing child pornography subjected him to five separate violations of the child pornography statute. The Supreme Court agreed, holding that, based on the unit of prosecution as set forth by the plain language of section 61-8C-3, Defendant’s possession of five VHS tapes subjected him to one violation of the statute. The court remanded the matter to the circuit court for entry of a new sentencing order. View "State v. Dubuque" on Justia Law