In general; burden of proof

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In general; burden of proof

Defense counsel must analyze the prosecution's case thoroughly. This requires full use of all available discovery procedures and an understanding of the legal requirements of the statutes upon which the computer crime is prosecuted.

Most computer crime cases involve theft, damage to computer equipment or software, trespass, or invasion of privacy.

Cumulative Supplement

Cases:

Defendant's stipulation that 39 images seized from his computer depicted child pornography did not negate probative value, and thus admissibility, of images to prove that defendant was aware that he possessed and transmitted the images on his website at trial for knowingly possessing, and disseminating through interstate commerce, child pornography; illegal nature of images was just one element of crimes, defendant's awareness was additional, and more important, element. 18 U.S.C.A. § 2252A(a)(1), (a)(5)(B). U.S. v. Becht, 267 F.3d 767 (8th Cir. 2001); West's Key Number Digest, Criminal Law 438(8).

Expert was qualified to express opinion as to age of female depicted in pornographic videotape; expert had medical degree and spent more than 20 years in private family practice, and had published extensively in area of sexual abuse of children. Fed R Evid Rule 702. U.S. v. Pollard, 128 F. Supp. 2d 1104, 56 Fed. R. Evid. Serv. 590 (E.D. Tenn. 2001); West's Key Number Digest, Criminal Law 479.