State v. Inzitari

Summary

The court affirmed the conviction because the evidence established that at least fifty-five of the fifty-seven images were child pornography, including at least eleven challenged images depicting a lascivious exhibition. It held that the first five factors used to assess lascivious exhibition may guide the fact finder but do not define the statutory term, while the sixth factor concerning a viewer's sexual response should not be used in possession cases. The court also upheld the jury instructions, rejected the requested specific unanimity instruction, and upheld admission of file-name exhibits as relevant and not unfairly prejudicial.