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STATE v. BARGER

(CC 200721991, 200801740; CA A138678 (Control), A138679; SC S058345).

247 P.3d 309 (2011)

349 Or. 553

STATE of Oregon, Respondent on Review, v. Barry Lowell BARGER, Petitioner on Review.

Supreme Court of Oregon.

Decided January 6, 2011.

Attorney(s) appearing for the Case

Kristin A. Carveth, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Erika L. Hadlock, Senior Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were John R. Kroger, Attorney General, and David B. Thompson, Interim Solicitor General.

Before DE MUNIZ, C.J., and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, JJ., and GILLETTE, J. pro tempore.

GILLETTE, J., pro tempore.

This criminal case involves the following question: Can a person be found guilty of "possess[ing] or control[ling]" digital images of sexually explicit conduct involving a child, as that phrase in used in ORS 163.686(1)(a),1 based on evidence showing only that the person searched for and found such images through the Internet on his or her computer? Although the trial court in the present case acknowledged that...

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