Tuesday, August 01, 2023

People v. Gruis (Cal. Ct. App. - Aug. 1, 2023)

It's amazing how disparate sentencing can sometimes be between federal and state court. In federal court, you will routinely see opinions that involve 30- (or 40- or 100-) year sentences for possession of child pornography. Whereas, today, in state court, you read an opinion in which the defendant is convicted of possession of child pornography -- numerous pictures of a 13-year old daughter of his girlfriend -- and he receives . . . one year in county jail.

That's a big difference.

P.S. - The opinion also holds that it's too vague for a condition of probation to be that the defendant not possess any "pornography" at all. It's a sufficiently indefinite term -- how do you decide what counts as "prurient" sexual content? -- that it "would prevent [defendant] from viewing Oscar-winning films like American Beauty and Brokeback Mountain, television shows like The Wire, or sexually explicit works of art that appear in museums.”