STATE v. COHEN

No. 96-2085.

696 So.2d 435 (1997)

STATE of Florida, Appellant, v. Ira COHEN, Appellee.

District Court of Appeal of Florida, Fourth District.

July 2, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellant.

Richard D. Kibbey of Kibbey & Barlow, Stuart, for appellee.


PARIENTE, Judge.

The issue in this case is one of first impression in Florida—whether possession of a pornographic computer image of an actual child is punishable under subsection 827.071(5), Florida Statutes (1995). We reverse the trial court's order of dismissal and hold that a pornographic computer image of an actual child constitutes a photograph, representation or other presentation, the possession of which is punishable as a third-degree felony under...

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