State v. Harrington
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The Supreme Court affirmed the district court’s denial of Defendant’s two motions to dismiss the charges against him for sexual abuse of children.
Pursuant to a plea agreement, Defendant pleaded guilty to one count of sexual abuse of children. Defendant reserved the right to appeal the district court’s denial of his two motions to dismiss. The Supreme Court affirmed, holding (1) the district court properly found that there was sufficient evidence that a rational jury could have found Defendant guilty of sexual abuse of children because he knowingly possessed child pornography; and (2) Montana’s statutory definition of possession under Mont. Code Ann. 45-2-101(59) is not unconstitutionally vague as applied to Defendant’s conduct.
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