State v. Barger

*555GILLETTE, J. pro tempore

This criminal case involves the following question: Can a person be found guilty of “possessing] or control[ling]” digital images of sexually explicit conduct involving a child, as that phrase in used in ORS lGS.GSGGXa),1 based on evidence showing only that the person searched for and found such images through the Internet on his or her computer? Although the trial court in the present case acknowledged that “the world of the Internet presses * * * the boundaries of what we normally understand to be possession and control,” it ultimately concluded that a jury could…