State v. Mucia (PFR)

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State v. Mucia (PFR)

Case Number
Call Date
October 1, 2015
Court Number
Case Summary

S-14-0070 State v. Gregory M. Mucia (Appellant)

Lancaster County, Judge Karen Flowers

Attorneys: Melissa Vincent (Attorney General's Office) --- Sean Brennan (Appellant)

Criminal: Possession of child pornography

Proceedings below: After a trial to the court, Appellant was found guilty of one count of possession of child pornography. He was sentenced to 3 years of probation. On direct appeal, the Court of Appeals affirmed. See State v. Mucia, 22 Neb. App. 821 (2015). The State filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on Review: The Court of Appeals erred in finding that knowing possession of child pornography in violation of Neb. Rev. Stat. ' 28-813.01 is a specific intent crime that requires the State to prove the defendant intentionally sought out files depicting child pornography.