Child Pornography Convictions Violated Double Jeopardy

A defendant convicted of four counts of possessing child pornography must have three of his convictions dismissed, the U.S. Court of Appeals for the Ninth Circuit said Nov. 26.

The applicable statute makes it illegal to possess “1 or more” pieces of child pornography.

Juan Pablo Garrido Chicala argued his conviction on four counts under the statute after child pornography was found on four devices in his home violated the double jeopardy clause.

Every circuit to address the issue concluded multiple counts under the statute violate the double jeopardy clause when the defendant possessed child pornography on different devices found ...