Is Possession of Child Pornography Video and Pictures Constitutes More Than One Offense ?
Vineyard v. State, 958 S.W.2d 834 (Tex. Crim. App. 1998) involved prosecution for possession of child pornography, a videotape containing a "film image" visually depicting a child engaging in sexual conduct, and a successive prosecution for possession of child pornography, a photograph with a "film image" visually depicting a child engaging in sexual conduct. Id. at 835.
The issue before the court was "whether, as a matter of statutory interpretation of our state law, appellant's simultaneous possession of both the videotape and the photograph constitutes more than one offense." Id. at 837.
The court held "the Legislature intended in cases like this to make possession of each item of child pornography an 'allowable unit of prosecution.'" Id. at 838.