People v. McSwain

Defendant was convicted, after jury trial, of five counts of child pornography, based on five images of the same partially nude 17-year-old girl displayed in a single e-mail. As all five counts alleged same conduct, four counts must be vacated, as statute does not authorize multiple convictions based on simultaneous possession of images of same minor displayed in a single e-mail. Court had a duty to answer jury's question seeking dictionary definition of "lewd", and to provide jury with specific and accurate guidance. Court properly answered question by instructing jury on six Lamborn factors, that nudity without lewdness is not child pornography; court was not required to provide dictionary definition. (STEIGMANN and APPLETON, concurring.)