Missouri Court of Appeals, Western District / Dec 24, 2019
State of Missouri vs. Dustin A. Foster
Dustin Foster was convicted of possession of child pornography and sexual exploitation of a minor after a bench trial. He appealed, arguing that the convictions violated his right to be free from double jeopardy because possession of child pornography is a lesser-included offense of sexual exploitation of a minor. The appellate court affirmed the trial court's judgment, concluding that the two offenses require proof of different elements and therefore possession is not a lesser-included offense of sexual exploitation.