STATE v. MUHLENBRUCH

No. 05-2028.

728 N.W.2d 212 (2007)

STATE of Iowa, Appellant, v. Randall Fredrick MUHLENBRUCH, Appellee.

Supreme Court of Iowa.

February 23, 2007.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, Jennifer Miller, County Attorney, and Michael Salvner, Assistant County Attorney, for appellant.

Barry S. Kaplan and Melissa A. Nine of Kaplan & Frese, L.L.P., Marshalltown, for appellee.


APPEL, Justice.

In this appeal, we must decide if Iowa Code section 728.12(3) (2003) creates a single criminal offense for possession of a computer that contains pornographic depictions of minors, regardless of the number of images, or whether the statute establishes a separate offense for each pornographic image stored in or accessible on a single computer. We join the appellate courts in Kansas and Arizona in holding that, under a statute that prohibits possession...

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