State v. Olsson and Ballard

OPINION

MAES, Justice.

{1} In this opinion, we decide the correct unit of prosecution for possession of child pornography under NMSA 1978, Section 30-6A-3(A) (2007), part of the Sexual Exploitation of Children Act, NMSA 1978, §§ 30-6A-1 to -4 (1984, as amended through 2007) (the Act), when various media are used to store one or countless images. This opinion consolidates for review memorandum opinion State v. Olsson, No. 29,713, mem. op. (N.M. Ct. App. Aug. 23, 2011) (non-precedential) and State v. Ballard, 2012-NMCA-043, 276 P.3d 976. Defendant James Olsson (Olsson) was initially charged with…