NM Supreme Court rules child porn law 'ambiguous' - KWES NewsWest 9 / Midland, Odessa, Big Spring, TX: newswest9.com |

NM Supreme Court rules child porn law 'ambiguous'

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Clovis, NM -  The New Mexico Supreme Court is shaking up the way child pornography cases are prosecuted, and the changes are affecting two cases in our area.

On Monday, the state's highest court ruled New Mexico's child porn law is too ambiguous. The court said the law is unclear on if prosecutors can bring multiple charges against someone for possessing more than one image or video of child porn.

In the ruling, the court overturned convictions in two child pornography cases involving men from Clovis. James Olsson was charged in 2005 with possession of 60 counts of child porn and William Ballard was charged with possession of 25 in 2009. They claimed being charged repeatedly for the same offense violated their constitutional protection against double jeopardy.

The court decided both men can only be charged with one count of possession because of the law's ambiguous language stating, "Olsson and Ballard can each only be charged with one count of possession. The Court of Appeals opinions in Olsson and Ballard are reversed and these cases are remanded to the trial court for proceedings in accordance with this opinion."

To read the full opinion, click here.

Madison Alewel - NewsChannel 10
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