State of Missouri v. Larry Wright
484 S.W.3d 817
| Mo. Ct. App. | 2015Background
- July 8, 2010: Undercover officer identified an IP address sharing files believed to be child pornography and viewed four public files.
- AT&T subpoenaed; on August 5, 2010 it identified Larry Wright as the subscriber for that IP address.
- August 20, 2010: officer re-affirmed the files were child pornography.
- September 23, 2010: search warrant executed; police seized computers, thumb drives, CDs/DVDs and other media containing child pornography — terminating Wright’s possession.
- August 28, 2013: State charged Wright with possession of child pornography (indictment Oct. 30, 2013). Trial court dismissed as barred by the 3-year felony statute of limitations in § 556.036.2(1). State appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Wright) | Held |
|---|---|---|---|
| Whether possession of child pornography is a "continuing course of conduct" so statute of limitations begins when possession terminates | Possession is ongoing; legislature used present-tense "possesses," so the limitations period is tolled until possession ends (i.e., seizure) | Statute should run from discovery/acquisition date (July 8, Aug 5, or Aug 20, 2010); treating possession as continuing would let State indefinitely toll limitations and defeat purposes of limitations | Court held possession is a continuing offense; limitations began when possession terminated on Sept. 23, 2010, so the Aug. 28, 2013 charge was timely |
Key Cases Cited
- State ex rel. Greufe v. Davis, 407 S.W.3d 710 (Mo. App. 2013) (possession of child pornography does not qualify as an "unlawful sexual offense" subject to a special 30-year limitations period)
- State v. Liberty, 370 S.W.3d 537 (Mo. banc 2012) (multiple convictions for possession of images seized simultaneously violate double jeopardy)
- State v. Roggenbuck, 387 S.W.3d 376 (Mo. banc 2012) (multiple possession convictions may be allowed where possession occurred at different times or from different sources)
- Wright v. Superior Court, 936 P.2d 101 (Cal. 1997) (possession crimes are continuing offenses that end when possession ceases)
- U.S. v. Zidell, 323 F.3d 412 (6th Cir. 2003) (possession with intent to distribute is a continuing offense)