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PEOPLE v. FLICK

Docket Nos. 138258, 138261. Calendar No. 6.

790 N.W.2d 295 (2010)

487 Mich. 1

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Steven Edward FLICK, Defendant-Appellant. People of the State of Michigan, Plaintiff-Appellee, v. Douglas Brent Lazarus, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 27, 2010.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, Henry C. Zavislak, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, for the people.

Rappleye & Rappleye, P.C. (by Robert K. Gaecke, Jr.), Jackson, for defendant Flick.

Dungan, Kirkpatrick & Dungan, PLLC (by Michael Dungan), for defendant Lazarus.

Brian A. Peppler, Jeffrey L. Sauter, and William M. Worden, Charlotte, for Amicus Curiae the Prosecuting Attorneys Association of Michigan.

Opinion

CORRIGAN, J.

In these consolidated cases, we consider the scope of the Michigan Penal Code provision that criminalizes the "knowing possession" of child sexually abusive material, MCL 750.145c(4). Defendants intentionally accessed and purposely viewed depictions of child sexually abusive material on the Internet. The only child sexually abusive material later found on their computers, however, had been automatically stored in temporary Internet files...

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