Kelley v. Commonwealth, 289 Va. 463

Kelley installed and used Ares, a peer-to-peer (P2P) file‑sharing program, on his laptop to search for and download files.
Ares by default places downloaded files into a "My Shared Files" folder accessible to other Ares users unless settings are changed.
Special Agent Morris, using Ares as an investigator, identified an IP tied to Kelley's computer with files available to share and successfully downloaded two complete child‑pornography files from that shared folder.
Police executed a search warrant; Kelley acknowledged using Ares, said he used it for music, admitted downloading child pornography previously, and directed officers to the laptop where files resided.
Forensic examiners confirmed multiple child‑pornography files on Kelley’s laptop; Kelley's jury convictions included two counts of distribution and ten counts of possession under Va. Code § 18.2‑374.1:1.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to prove "distribution" via P2P sharing	Commonwealth: Kelley voluntarily used Ares, which by design shares files placed in the shared folder, making files available to others	Kelley: Sharing occurred automatically via software default; there was no volitional act to distribute the files	Court: Sufficient — Kelley’s voluntary installation/use of Ares and failure to prevent sharing supported a finding of distribution

Commonwealth v. Hudson, 265 Va. 505 (discusses appellate standard of review for sufficiency of evidence)
Parks v. Commonwealth, 221 Va. 492 (instructs to view evidence in light most favorable to Commonwealth and discard conflicting defense evidence)
Viney v. Commonwealth, 269 Va. 296 (standard that appellant must show judgment is plainly wrong or without evidence)
United States v. Wheelock, 772 F.3d 825 (8th Cir.) (describing P2P file‑sharing networks and users’ expectations of sharing)