Charging each image separately does not violate Double Jeopardy

On Friday, in Florida’s Fifth District Court of Appeals, ruled that charging a criminal defendant with separate counts for each image did not violate the constitutional prohibition of being “twice put in jeopardy” for “the same offense.”

In Taylor v. State the defendant was charged with over fifty different counts for over 50 different images. Each count identifying a separate image. He was sentenced to just under 20 years in prison. He appealed, arguing the multiple counts for the same act (possession of CP) constituted double jeopardy. The appellate court, however, ruled that because each count identified a separate image, it did not constitute double jeopardy.

Since most people arrested for possession of CP possess multiple images, it is generally characteristic of the offense, rather than unusual. The result is that the prosecution, if they chose to, can really nail you for offense.

We need to be doing more to educate others to “think before they click”. Share the PSA below:

The post Charging each image separately does not violate Double Jeopardy appeared first on Florida Action Committee.

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