State v. Fussell

Summary

The Supreme Court of Louisiana resolved a split between the First and Third Circuit Courts of Appeal concerning the proper application of La. R.S. 14:81.1(A)(3) to multiple images of child pornography. The court held that a separate count may be charged for each child, in each performance, depicted in photographs or other visual reproductions intentionally possessed by a defendant. It reversed the Third Circuit's reduction of the defendant's sixteen convictions to one and reinstated the trial court's convictions.

Holdings

1. La. R.S. 14:81.1(A)(3) permits a separate count and conviction for each child, in each sexual performance, depicted in photographs, films, videotapes, or other visual reproductions that the defendant intentionally possesses.
2. A restitution order that does not specify the amount of restitution and the count or counts on which restitution is imposed renders the sentences indeterminate and invalid, requiring resentencing.

Questions Presented

1. Whether La. R.S. 14:81.1(A)(3) permits a separate conviction for each child, in each sexual performance, depicted in visual reproductions of child pornography that a defendant intentionally possesses.
2. Whether the trial court's nonspecific restitution order rendered the sentences indeterminate and invalid, requiring resentencing.

Disposition

reversed_and_remanded