People v. Gruis
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Menlo Park police officers responded to a domestic disturbance call from M.O., who stated she was dating Gruis and had discovered nude pictures of her 13-year-old daughter, C.V., on one of his electronic devices. Officers obtained a search warrant and seized several of Gruis’s devices. One USB drive contained 60 images and three video recordings of C.V. in various states of undress. The laptop’s hard drive contained “over 500 still images and videos of [C.V.] or [C.V.’s] mother or her sister in their home, in the bedroom, and the bathroom, throughout the house in various stages of dress or undress.”
Gruis pleaded no contest to felony possession of child pornography in exchange for dismissal of a charge of disabling a telephone line and a maximum sentence of one year in county jail. The trial court suspended the imposition of sentence, placed Gruis on two years’ probation, and ordered him to serve one year in county jail. As a condition of probation, Gruis was ordered: “You may not possess any pornographic magazines, videos, pictures or written material or images unless prescribed by a therapist during the course of your treatment.” The court of appeal remanded, finding the term “pornographic” unconstitutionally vague.
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