Case: Strouse v. State, 2006 WL 436028 (4th DCA)

Date: March 21, 2006 (Opinion filed February 8, 2006)

FACTS: Mr. Strouse’s girlfriend found child porn on their shared computer and contacted law enforcement. Strouse was charged with seven counts of possession of child pornography, but the trial court dismissed six counts that were based on temporary internet files or website banner composite images. Defendant was convicted on the remaining count and appealed.

RULING: The district court affirmed but discussed in some depth what it means to “knowingly possess” a pornographic image in violation of F.S. 827.071(5). Citing federal cases, the court stated that mere viewing of a child pornographic image is not “knowing possession” of the image. Without more, presence of child pornography in a temporary internet file will not be sufficient to justify a conviction. However, evidence of the defendant’s management of temporary internet files can help prove knowing possession and shore up such cases.

APPLICATION: Those involved with “cybercrime” and computer porn prosecutions should be cautious in basing arrest and prosecutions solely upon “temporary” internet files absent additional evidence that the files were “knowingly possessed” such as the computer owner/operator saving them, placing them in a computer “folder,” sending them to another person, printing them, returning to view them repeatedly, etc.

Steve Hurm
Regional Legal Advisor
Florida Department of Law Enforcement
Tallahassee and Pensacola Regional Operations Centers

Officers should consult with their agency legal advisors to confirm the interpretation provided in this Update and to determine to what extent the case discussed will impact their activities.

For Further Information Contact:
Steve Brady
Regional Legal Advisor
Florida Department of Law Enforcement
Orlando Regional Operations Center