JEFFREY KRISE
v.
STATE
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Although the state must decide whether to present expert testimony on the age of actors in alleged child pornography, it is a question of fact for the jury to determine whether the actors are under 18, with or without expert opinion.
[1] In child pornography prosecutions, the jury may determine whether actors are under age 18 based on the evidence, with or without expert testimony regarding age, though th…
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Court's statement regarding jury authority to determine age of actors in child pornography cases
Appellant Krise was convicted in a case involving alleged child pornography.…
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PER CURIAM.
AFFIRMED. See State v. Reinpold, 824 N.W. 2d 713, 723 (Neb. 2013) (holding that although the State must “make the judgment as to whether to present expert testimony regarding the age of actors in alleged child pornography, it is a question of fact for the jury to decide whether the actors in alleged child pornography are under the age of 18” and noting that the “State may indeed risk losing the case by not presenting expert testimony regarding such, but ultimately, it is for the jury to decide, with or without an expert’s opinion, whether the evidence exhibits child pornography”).
LAMBERT, EDWARDS and EISNAUGLE, JJ., concur.
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Krise v. State, 240 So. 3d 896 (Fla. 5th DCA 2018)…PER CURIAM. AFFIRMED. See State v. Reinpold , 284 Neb. 950, 824 N.W. 2d 713, 723 (2013) (holding that although the State must "make the judgment as to whether to present expert testimony regarding the age of actors in alleged child pornography, it is a question of fact for the jury to decide whether the actors in alleged ch…