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Evidence of Pornography Allowed as Molineux Evidence to Show Intent

In affirming the defendant’s conviction for sexual offenses against a young child, the Third Department determined the trial court properly allowed “Molineux” evidence about pornography found on and/or searched for on defendant’s computer. Among the reasons for letting the evidence of pornography in evidence was to demonstrate defendant’s intent.  The Third Department wrote:

While  intent can  often be inferred from the sexual act itself…, here, defendant claimed to the police investigator and the CPS caseworker that much  of the sexual contact and the child’s knowledge occurred accidentally. The foregoing  was,  thus, admissible  to  prove  that defendant’s  charged  sexual contact  was not accidental or mistaken but, rather, was intentional and sexual … and motivated by his unusual sexual interest in young children. Supreme Court carefully considered  the  prejudicial  effect  of  the  evidence, limited or excluded much  of it, including the actual images and videos, and provided numerous contemporaneous and appropriate limiting  instructions. We  cannot conclude that the court abused its discretion in finding that the  probative  value  of the admitted evidence outweighed the potential for undue prejudice… People v Sorrell, 103426, 3rd Dept 7-3-13

 

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