CAAF grants review of virtual child pornography issue

CAAF has granted review of this issue:

WHETHER THE EVIDENCE ON THE ELEMENT OF SERVICE-DISCREDITING CONDUCT WAS LEGALLY SUFFICIENT WHEN: (1) THE SEXUALLY EXPLICIT CONTENT AT ISSUE INVOLVED VIRTUAL MINORS; (2) THE IMAGES OF VIRTUAL MINORS WERE VIEWED ON APPELLANT'S PRIVATELY-OWNED COMPUTER, AND (3) APPELLANT'S ACTIVITY WAS KNOWN ONLY TO LAW ENFORCEMENT PERSONNEL INVOLVED IN THE INVESTIGATION. SEE U.S. v. MASON, 60 M.J. 15 (2004), AND U.S. v. O'CONNOR, 58 M.J. 450 (2003).

United States v. Brown, __ M.J. ___, No. 08-0260/AF (C.A.A.F. June 17, 2008). AFFCA's decision in the case is here. United States v. Brown, No. ACM 36695 (A.F. Ct. Crim. App. Nov. 16, 2007) (per curiam). The granted issue makes it sound like the case is about virtual images -- something one wouldn't know from reading the AFCCA decision. The precide nature of the images is a factual question that could have a tremendous effect on the case's legal question.