NM Supreme Court: Child porn law is 'ambiguous'

Posted at: 04/21/2014 1:21 PM
By: Elizabeth Reed, KOB.com


Photo: MGN

SANTA FE -- The New Mexico Supreme Court on Monday issued an opinion on two child porn cases against men charged with several counts of possession.

Both men argued that they should only be charged with one count of possession of child pornography since state law does not clearly define proper "units" of possession.

James Olsson faced 60 counts for images found in binders and on his computer and Willard Ballard faced 25 counts based on images and videos found on his external hard drive.

The state Supreme Court agreed:

"We hold that the Legislature has not clearly defined the unit of prosecution for possession of child pornography because the language is ambiguous and the history and purpose do not offer any further clarity."

Both cases will now be sent back to district court.

To read the full opinion, click here.