Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The full case caption appears at the end of this opinion. ON MOTION FOR REHEARING We issue the following supplemental opinion in connection with our earlier overruling of the State’s motion for rehearing In our opinion of June 17, 1999, we held that the digital data contained within appellant’s computer do not constitute a “reproduction of a film image” unless and until that data are used to create a visual image, presumably either on the screen of the monitor or in some “hard copy” form. We therefore reversed Porter’s conviction for possession of child pornography. However, there is an additional hurdle the State has not overcome in the present case. The relevant statute, since amended, defined “film image” to include “a photograph, slide, negative, film, or videotape, or a reproduction of any of these.” Act of May 27, 1985, 69th Leg., R.S., ch. 530, � 2, 1985 Tex. Gen. Laws 2133, 2134 (Tex. Penal Code Ann. � 43.26, since amended) (current version at Tex. Penal Code Ann. � 43.26 (West Supp. 1999)). It is common knowledge, however, that modern digital cameras do not use any kind of film, but record real-life images directly in digital form. If the images at issue here were stored directly in this digital form, there would never have been a “film image,” as defined by the statute, for there to be a “reproduction” of. The present record contains no evidence whatsoever of how the digital data found in appellant’s computer was originally produced. Accordingly, the State failed to prove that the materials possessed by appellant contained a film image, as required by the statute at the time of the charged offense. The upshot of this case may be to demonstrate that the legislature had a very good reason for the 1997 amendments to section 43.26 of the Penal Code. BEA ANN SMITH, JUSTICE
TEXAS COURT OF APPEALS THIRD DISTRICT AT AUSTIN NO. 03-98-00476-CR KENNETH DUANE PORTER, Appellant v. THE STATE OF TEXAS, Appellee Before Justices Jones, B. A. Smith, and Yeakel Filed: August 26, 1999 From The District Court Of Williamson County 277th Judicial District NO. 97-172-K277 Honorable John R. Carter, Judge Presiding
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Complex Claims & Litigation Forum 2024

February 26, 2024 - February 28, 2024
Las Vegas, NV

The conference experience aimed to help insurers and litigators Prevent, Prepare, and Prevail in complex claims cases and risks.

Learn More

Women, Influence & Power in Law UK Awards 2024

March 06, 2024
London, UK

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.

Learn More

Florida Legal Awards (FLLA) 2024

April 04, 2024
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.

Learn More


Gill & Chamas, LLC seeks an attorney to work in their Woodbridge, NJ Office. Candidate must possess either of the following: 1-3+ year...

Apply Now ›

Associate Attorney

Seeking Estate Administration Attorney for busy boutique office. Huge upside potential and growth opportunity.NYS Bar Admission and relevan...

Apply Now ›

San Francisco Labor & Employment Senior Litigation Associate

Duane Morris LLP has an immediate opening for a senior level, highly motivated litigation associate to join its dynamic and growing Employme...

Apply Now ›

Blume Forte Fried Zerres & Molinari

New Jersey Law Journal

Frederick D. Miceli has joined the firm as Of Counsel

View Announcement ›


New Jersey Law Journal

Professional Announcement

View Announcement ›

Aaronson Rappaport Feinstein & Deutsch, LLP

New York Law Journal


View Announcement ›