State v. Colburn :: 2016 :: Montana Supreme Court Decisions :: Montana Case Law :: Montana Law :: US Law :: Justia
After a jury trial, Defendant was convicted of two counts of attempted sexual abuse of children (referred to as “attempted possession of child pornography”). Defendant appealed, arguing that there was insufficient evidence to support his convictions. The Supreme Court affirmed, holding that the State met its evidentiary burden at trial to prove beyond a reasonable doubt that an appreciable fragment of the crime was in such progress that Defendant would have knowingly possessed child pornography unless interrupted by circumstances independent of his own will, as required by the relevant statute.