State v. Bray

This case presents two issues. The first is whether the statutory prohibition against possessing child pornography 1 with the intent to print or display it requires proof that the person also intended to disseminate it. The second issue is whether a sentencing enhancement factor — “[p]ersistent involvement in similar offenses” — comes within the prior conviction exception to the rule in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000). On the first issue, the Court of Appeals held that the prohibition against possessing child pornography with intent to print it does…