People v. Rowe

2012 COA 90, 318 P.3d 57, 2012 WL 2045752, 2012 Colo. App. LEXIS 918
CourtColorado Court of Appeals
DecidedJune 7, 2012
DocketNo. 09CA0246
StatusPublished
Cited by329 cases

This text of 2012 COA 90 (People v. Rowe) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Rowe, 2012 COA 90, 318 P.3d 57, 2012 WL 2045752, 2012 Colo. App. LEXIS 918 (Colo. Ct. App. 2012).

Opinion

Opinion by

Judge ROMAN.

T1 Defendant, Christopher Lawrence Rowe, appeals the judgment of conviction entered on a jury verdict finding him guilty of sexual exploitation of a child. We affirm.

I. - Background

2 On December 11, 2006, defendant was completing his sex offender registration requirement when he asked a deputy sheriff whether the officers visited offenders' homes and, if so, whether the officers would look at his computer. Defendant stated, "[I]f there is [child pornography] on my PC, I didn't put it there.... I think my roommates have been jacking with my computer."

13 Based on that statement, detectives went to defendant's home on December 26, 2006, to verify his address and also to request defendant's consent to search his computers. Defendant directed the detectives to the "My Documents" folder on his laptop where they located sexually explicit photographs of children. The detectives seized defendant's laptop, desktop computer, and other file storage media. A forensic examination of the computers revealed pictures and videos depicting child pornography.

T 4 Defendant was charged with one count of sexual exploitation of a child pursuant to section 18-6-408(8)(b), C.R.S.2011, and nine counts of sexual exploitation of a child (possession) pursuant to section 18-6-408(8)(b.5), C.R.S.2011. He was convieted on all counts and sentenced to six years in prison followed by eighteen months of sex offender probation.

15 Trial evidence established that defendant had two peer-to-peer file sharing programs on his computer. One program, Li-meWire, used a "shared" folder to store files that could be accessed and downloaded by other LimeWire users. A detective qualified as a LimeWire expert testified that Lime-Wire is a peer-to-peer sharing program where files are not stored on a central server. - Instead, individual LimeWire users utilize key-word searches to locate files found on other LimeWire users' computers. Each LimeWire user designates which folders and files can be searchable by other LimeWire users.

1 6 On appeal, defendant contends the evidence is insufficient to sustain his conviction under section 18-6-403(8)(b) because his actions were not proscribed by the conduct listed in the statute. He also claims error in statements made by the prosecutor in closing argument and other acts evidence admitted pursuant to CRE 404(b).

II. Sufficiency of the Evidence

T7 Defendant contends the trial evidence was insufficient to prove that he committed sexual exploitation of a child. We conclude that sufficient evidence exists to prove defendant knowingly stored files containing sexually exploitative material in a shared folder on a peer-to-peer sharing network and that such conduct constitutes an offer of sexually exploitative material proscribed by section 18-6-408(8)(b).

18 We review questions relating to the sufficiency of the evidence de novo. Oram v. People, 255 P.3d 1082, 1088 (Colo.2011). In so doing, we consider "whether the relevant evidence, both direct and cireumstantial, when viewed as a whole and in the light most favorable to the prosecution, is substantial and sufficient to support a conclusion by a reasonable mind that the defendant is guilty of the charge beyond a reasonable doubt." Clark v. People, 232 P.3Bd 1287, 1291 (Colo. 2010) (quoting People v. Bennett, 188 Colo. [60]*60125, 130, 515 P.2d 466, 469 (1973)). Evidence is sufficient if "a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Clark, 232 P.3d at 1291.

A. Offers

19 To determine whether the evidence is sufficient to support defendant's conviction, we first analyze, as a matter of first impression in Colorado, whether defendant's conduct of saving sexually exploitative material in a shared folder is proscribed by the term "offers" in the sexual exploitation statute, section 18-6-403(8)(b). We conclude that it is.

1 10 Statutory interpretation is a question of law that we review de novo. Bostelman v. People, 162 P.3d 686, 689 (Colo.2007). When interpreting a statute, our task is to determine and give effect to the legislature's intent by first examining the plain and ordinary meaning of the statutory language. People v. Madden, 111 P.3d 452, 457 (Colo.2005). We must read the words of a statute in context and construe them according to their common usage. $ 24-101, C.R.S.2011. When the statutory language is clear and unambiguous, we apply the provision as written and do not engage in further statutory analysis. Bostelman, 162 P.3d at 690.

{11 As pertinent here, "[al person commits sexual exploitation of a child if, for any purpose, he or she knowingly ... [plvepares, arranges for, publishes, ... produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, or distributes ... any sexually exploitative material." § 18-6-408(8)(b).

{ 12 The term "offer" is not defined by the statute. The commonly understood meaning of the term "offer" is "to make available or accessible" and "to present for acceptance or rejection." Webster's Third New International Dictionary 1566 (2002). Another jurisdiction has analyzed "offer" in the context of peer-to-peer file sharing and defined the term as "the act by which one person makes known to another that he or she may have for the taking an item possessed by the offeror." State v. Lyons, 417 N.J. Super. 251, 9 A.3d 596, 601 (N.J.Super.Ct.App.Div.2010).

{13 Reading the plain language of the statute and construing the term "offer" according to its common usage, we hold that a defendant "offers" sexually exploitative material by making it available or accessible to others. In the context of a peer-to-peer file sharing network, a defendant offers sexually exploitative material by knowingly leaving it in the share folder for other users to download. See United States v. Sewell, 513 F.3d 820, 822 (8th Cir.2008) ("In the context of [a peer-to-peer sharing] program, placing a file in a shared folder with descriptive text is clearly an offer to distribute the file."); see also United States v. Lewis, 554 F.3d 208, 211 (1st Cir.2009) ("any file a user downloads through LimeWire is automatically placed in that 'Shared' folder and is therefore offered by that user for further downloads by other users").

1 14 Because the term "offers" is unambiguous, we need not resort to other aids of statutory construction, including the legislative declaration. See § 2-4-208, C.R.S.2011; Bostelman, 162 P.3d at 690.

B. Application

115 Defendant concedes there was evidence that he knew both sexually exploitative material and LimeWire were present on the laptop. Trial evidence also supports the conclusion that he knew the sexually exploitative material was located in a folder available for others to download.

Defendant did not testify at trial. However, several of defendant's statements were admitted through detectives' testimony.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 COA 90, 318 P.3d 57, 2012 WL 2045752, 2012 Colo. App. LEXIS 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rowe-coloctapp-2012.