State v. T. Harrington
2017 MT 273
| Mont. | 2017Background
- DHS agent using file-sharing detection software identified IP addresses in Montana sharing files labeled as child pornography; addresses traced to Erin Nielsen, who had lived with Harrington.
- Nielsen told investigators Harrington likely knew her Wi‑Fi password and had installed a key logger; police then contacted Harrington.
- Harrington admitted to using FrostWire (peer-to-peer) to download two videos showing children aged seven and eight, said he individually selected downloads, and later uninstalled FrostWire and deleted files because of a Trojan.
- Forensic exam of Harrington’s laptop found no files in allocated space but recovered 24 child‑pornography image files in unallocated space (cache/thumbnail files) and link files tied to the username "Talon." Examiner concluded files resulted from videos being opened/viewed and later deleted.
- Harrington was charged with 24 counts of sexual abuse of children; he moved to dismiss for insufficient evidence of knowing possession and for vagueness of the statutory definition of possession. The district court denied both motions; Harrington pled guilty to one count while reserving appeal of the denials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence that Harrington knowingly possessed child pornography | State: Harrington’s admissions (seeking/downloading/viewing two videos), link files tied to user "Talon," and cache files support a rational jury finding knowing possession | Harrington: Images were only in unallocated space (deleted/cache), accessible only by forensic tools, so no proof of dominion/control or knowledge | Held: Sufficient evidence; admissions plus link/cache evidence permit a jury to find knowing possession |
| Whether § 45‑2‑101(59) MCA (possession definition) is unconstitutionally vague as applied | State: Statute gives notice and minimal guidelines; Harrington’s intentional searches/downloads fall squarely within possession | Harrington: Definition could criminalize innocent conduct (e.g., inadvertent or immediately deleted downloads); therefore vague as applied | Held: Not vague as applied. A reasonable person would understand that seeking, downloading, viewing, and deleting child pornography constitutes possession; statute provides adequate guidance |
Key Cases Cited
- United States v. Romm, 455 F.3d 990 (9th Cir. 2006) (defendant’s admission to seeking/viewing and deleting images plus cache storage supports knowing possession)
- United States v. Kuchinski, 469 F.3d 853 (9th Cir. 2006) (cache images alone insufficient to attribute knowing possession absent other evidence)
- United States v. Flyer, 633 F.3d 911 (9th Cir. 2011) (presence of images in unallocated space alone does not prove knowing possession)
- State v. Meader, 184 Mont. 32, 601 P.2d 386 (Mont. 1979) (distinction between actual and constructive possession; possession defined as dominion and control)