Rea v. State

Summary

The Arkansas Supreme Court affirmed Michael Eugene Rea’s convictions for computer exploitation of a child and for distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child. The court held that Arkansas Code Annotated section 5-27-602 permits separate convictions for possession of each prohibited photograph or videotape, based on the statute’s use of “any” with singular items. The court declined to address Rea’s double-jeopardy challenge to the computer-exploitation convictions because he did not develop a specific argument on that issue.

Holdings

1. Section 5-27-602(a)(2) authorizes separate convictions and prosecutions for the knowing possession of each prohibited photograph or videotape; multiple convictions based on separate images therefore do not violate double jeopardy.
2. The court declined to address the double-jeopardy challenge to the section 5-27-605 convictions because Rea failed to develop a specific argument on that issue.

Questions Presented

1. Whether multiple convictions under Arkansas Code Annotated section 5-27-602(a)(2) for possessing or viewing multiple prohibited photographs and videos violated the Double Jeopardy Clause.
2. Whether Rea's multiple convictions under Arkansas Code Annotated section 5-27-605 for computer exploitation of a child violated double jeopardy.

Disposition

affirmed