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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23594
Experience:  Active member of the NYS bar since 1989
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When is the date of a crime material and when is the date of

Customer Question

When is the date of a crime material and when is the date of a crime immaterial?
Submitted: 11 months ago.
Category: Legal
Expert:  Zoey, JD replied 11 months ago.

Hello,

Can you put your question into some context so that I can understand how best to help you?

Customer: replied 11 months ago.
My client is charged with possession of a large number (enhancing punishment)of illegal images on a certain date. If the State proves that he had possession of a much smaller number of illegal images on a number of different dates is the date charged material?
Expert:  Zoey, JD replied 11 months ago.

Hello,

Probably not. Generally the state makes allowances for that and the charging instrument will say that he possessed approximately X amount of the contraband on or about X date. That gives them a reasonable amount of latitude. The pornography is illegal in any amount on whatever date/dates it is found in his computer, though in some states and in Federal law the number of illegal images will enhance the penalty. Thus the amount of porn possessed would usually be more material than the specific date.

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