State v. Barger

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that to “possessf] or control[]” an image depicting child pornography within the meaning of ORS 163.686 requires something more than viewing the images on a computer
• explaining that “none of the cases [from other jurisdictions] involves statutes that effectively announce that ‘viewing’ child pornography is not, by itself, unlawful”
• ‘‘navigating to a website and bringing the images that the site contains to a computer screen— are not acts that the legislature intended to crimi- nalize’’
• “[T]he word ‘possess’ encompasses two alternative ways of possessing property that this court traditionally has recognized: (1) physically controlling the property (‘actual’ possession) and (2
• despite evidence that the defendant viewed child pornography over the Internet, there was no evidence that the defendant knew or understood that the files were downloaded into a temporary Internet file cache

Source: CourtListener parenthetical corpus (CC0).

Cited by

19 cases in this archive cite this case.

• People v. Kent
  New York Court of Appeals· 2012-05-08· cited 37×
• State v. Reeves
  Court of Appeals of Oregon· 2012-06-06· cited 19×
• State v. Barnthouse
  Oregon Supreme Court· 2016-10-06· cited 16×
• State v. Carey-Martin
  Court of Appeals of Oregon· 2018-09-06· cited 14×
• State v. Tilden
  Court of Appeals of Oregon· 2012-10-03· cited 14×
• State v. Barger
  Oregon Supreme Court· 2011-04-21· cited 12×
• State v. Ritchie
  Oregon Supreme Court· 2011-01-06· cited 11×
• State v. Shifflett
  Court of Appeals of Oregon· 2017-05-24· cited 10×
• State v. Linson
  South Dakota Supreme Court· 2017-05-24· cited 8×
• State v. Barnthouse
  Court of Appeals of Oregon· 2015-05-20· cited 8×
• State v. Urbina
  Court of Appeals of Oregon· 2012-04-11· cited 5×
• State v. Pugh
  Court of Appeals of Oregon· 2013-02-21· cited 5×
• Hardin v. Popoff
  Multnomah County Circuit Court, Oregon· 2016-06-29· cited 5×
• State v. Cortes
  Oregon Supreme Court· 2025-11-25· cited 4×
• State v. Ballantyne
  Court of Appeals of Kansas· 2024-02-02· cited 3×
• State v. Dillard
  Court of Appeals of Oregon· 2011-05-04
• ISSAC WOODS v. State
  District Court of Appeal of Florida· 2021-01-20
• State v. Kenneth G.
  Connecticut Appellate Court· 2026-01-06
• State v. Hamilton
  Court of Appeals of Oregon· 2026-05-13

Cites

16 cases in this archive are cited by this case.

• State v. Gaines
  Oregon Supreme Court· 2009-04-30· cited 1,741×
• State v. Oare
  Oregon Supreme Court· 1968-04-17· cited 61×
• United States v. Kain
  Eighth Circuit· 2009-12-22· cited 57×
• State v. Fries
  Oregon Supreme Court· 2008-05-30· cited 54×
• Commonwealth v. Diodoro
  Supreme Court of Pennsylvania· 2009-05-26· cited 53×
• Commonwealth v. Whitman
  Superior Court of Pennsylvania· 1962-12-12· cited 49×
• State v. Casey
  Oregon Supreme Court· 2009-03-05· cited 40×
• Barton v. State
  Court of Appeals of Georgia· 2007-06-21· cited 33×
• State v. Connally
  Oregon Supreme Court· 2005-12-15· cited 32×
• People v. JOSEPHITIS
  Appellate Court of Illinois· 2009-08-19· cited 19×
• State v. Miller
  Oregon Supreme Court· 1964-09-10· cited 18×
• State v. Daniels
  Oregon Supreme Court· 2010-07-09· cited 14×
• State v. Weller
  Oregon Supreme Court· 1972-10-09· cited 14×
• Worden v. State
  Court of Appeals of Alaska· 2009-05-22· cited 12×
• Shipp v. Patten
  Court of Appeals of Kentucky· 1906-05-22· cited 12×
• State v. Ritchie
  Oregon Supreme Court· 2011-01-06· cited 11×