State v. Tilden

A jury found defendant guilty of 101 counts of second-degree encouraging child sexual abuse under ORS 163.686 (2005),1 based on sexually explicit images of children that were found on his home computer. On appeal, he argues that the images were on his computer as a consequence of an automatic “caching” function of the computer’s web browser, that he did nothing more than view the images on a website, and that the evidence was therefore legally insufficient to prove that he “possessed” or “controlled” the images. The state does not contend that this legal argument is wrong under the law as it…