Question: What has to be proven for possession of child *advertiser censored* in this instance? Would distribution be a possible charge?
Background:
- Child *advertiser censored* found on a memory stick in the dresser drawer in the bedroom of Billie's home. Shawn Adkins lived there when the stick was confiscated, and had lived there for some time. I believe the house is under joint ownership of both Billie and estranged husband (Hailey's father) Clint, but Clint hasn't lived there for years. Approx 320 images.
- Child *advertiser censored* found on computer at Shawn Adkins' (named suspect, boyfriend of Billie) mother's home. Shawn has stated he has spent time there using the computer. Approx 108,000 images.
- Billie stated she has no idea how the child *advertiser censored* got there, but it's not hers or Shawn's *advertiser censored*. I think she was referring to the memory stick, rather than the computer.
Link to details:
http://www.reporternews.com/news/20...s-found-computer-mother-suspect-case/?print=1
Thank you!
§ 43.26. POSSESSION OR PROMOTION OF CHILD
*advertiser censored*. (a) A person commits an offense if:
(1) the person knowingly or intentionally possesses
visual material that visually depicts a child younger than 18 years
of age at the time the image of the child was made who is engaging in
sexual conduct; and
(2) the person knows that the material depicts the
child as described by Subdivision (1).
(b) In this section:
(1) "Promote" has the meaning assigned by Section
43.25.
(2) "Sexual conduct" has the meaning assigned by
Section 43.25.
(3) "Visual material" means:
(A) any film, photograph, videotape, negative,
or slide or any photographic reproduction that contains or
incorporates in any manner any film, photograph, videotape,
negative, or slide; or
(B) any disk, diskette, or other physical medium
that allows an image to be displayed on a computer or other video
screen and any image transmitted to a computer or other video screen
by telephone line, cable, satellite transmission, or other method.
http://law.onecle.com/texas/penal/43.26.00.html
So, the state has to show that one of these two charmers knew they were in possession of *advertiser censored* depicting children and kept it or intentionally sought possession of such filth.
That's hard in cases where there are lots of people that have access to a home where such a thing is found, but certainly not impossible. Receipts, surveillance showing the purchase of the memory stick, phone, school and work records that would rule out other inhabitants when the *advertiser censored* was downloaded or that rule in certain people, coupled with witness testimony regarding certain things that tend to rule in certain people, like: "I saw my stepdad with the memory stick. He forbade me from ever using it or touching it. He was very serious about that." or co-defendant testimony that can be substantiated, from a person who decides they don't want to take the rap for something or who want a deal - all of that might help.