Multiple Charges of Possessing Pornography Not Authorized by Law

The Iowa Supreme Court rejects an attempt by the state to impose multiple charges of possessing pornography against a Marshall County man.  Officials filed ten charges of sexual exploitation of a minor (section 728.12(3), Iowa Code) against Randall Muhlenbruch after his wife discovered pictures of minors engaged in sexual activities on his computer.  A total of 348 images were recovered.  The charges were based upon downloads of photos that occurred on various days and depictions of different children.  Muhlenbruch challenged the ten charges, contending he had only one computer and only one charge was proper.  A district associate judge agreed and dismissed nine of the counts.  The Supreme Court upholds the decision, finding that Iowa law is clear.  The statute under which Muhlenbruch was charged prohibits possession of a computer or other print or visual medium depicting minors engaged in sexual acts.  The number of images is not relevant and can not result in multiple charges under the law.  The Court rejects an argument by the state that the case was similar to one in which three charges of possession of illegal weapons were upheld.  Three sawed off shotguns were found wrapped in one blanket.  The Court observes that if Muhlenbruch had three computers with obscene images on each one, then, three counts of violating the law would have been appropriate.
The decision is State v. Muhlenbruch.