SMITH, PRESIDING JUDGE:
¶ 1 Appellant, Paul Owen Hamilton, was convicted by a jury in Tulsa County District Court, Case No. CF-2014-171, of Distribution of Child Pornography (
PROPOSITION I. THE EVIDENCE WAS INSUFFICIENT TO PROVE BEYOND A REASONABLE DOUBT THAT MR. HAMILTON KNOWINGLY DISTRIBUTED CHILD PORNOGRAPHY.
PROPOSITION II. THE EVIDENCE WAS INSUFFICIENT TO PROVE BEYOND A REASONABLE DOUBT THAT MR. HAMILTON KNOWINGLY POSSESSED CHILD PORNOGRAPHY.
PROPOSITION III. THE DISTRICT COURT'S INTERPRETATION OF THE STATUTORY LANGUAGE WITH RESPECT TO THE OFFENSE CHARGED IN COUNT 2 OF THE INFORMATION AND THE FACTS UNDERLYING MR. HAMILTON'S ALLEGED OFFENSE WAS ERRONEOUS.
PROPOSITION IV. MR. HAMILTON'S SENTENCE IS EXCESSIVE AND SHOULD BE MODIFIED.
¶ 3 After thorough consideration of these propositions, and the entire record before us on appeal, including the original record, transcripts, and briefs of the parties, we affirm. The charges in this case stem from an investigation by the Tulsa Police Department which, using a popular online file-sharing program, sought and received images of child pornography from Appellant's Internet Protocol (IP) address. Those materials, in turn, served as the basis for a warrant to search Appellant's home computer, where over 100 images of child pornography were found.
¶ 4 In Propositions I and II, Appellant advances several theories as to why his convictions should be vacated for lack of sufficient evidence. In any case involving possession of contraband, the fact-finder must consider all the surrounding circumstances to decide whether the defendant's knowledge of the presence and nature of the prohibited material can reasonably be inferred, and whether anyone else might reasonably have had access to the place where the material was found. Proof of knowledge and control is often circumstantial in nature. Johnson v. State, 1988 OK CR 246, ¶ 5, 764 P.2d 530, 532. However, reasonable inferences from circumstantial evidence carry the same probative force as direct evidence. Easlick v. State, 2004 OK CR 21, ¶¶ 11, 15, 90 P.3d 556, 559. Similarly, with regard to the distribution of contraband, including child pornography, the defendant's knowledge of the material, and a willful intent to share it with others, are essential components of the charge. See Inst. No. 4-133, OUJI-CR (2d) (distribution of child pornography must be "willful," and requires that the defendant knew the nature and character of the material distributed); Hanf v. State, 1977 OK CR 41, ¶ 14, 560 P.2d 207, 210.
¶ 5 In this case, two detectives with experience in computer and Internet crimes, and child pornography investigations in particular, testified about the receipt of files from Appellant's IP address and the subsequent discovery of related files on his computer. They told the jury how file-sharing programs work, and how files are stored on a computer. Each detective used his personal smartphone to see whether Appellant's Internet connection was secure from infiltration (password-protected), and it was. Given the distribution of obscene material originating from Appellant's IP address, the discovery of the same type of material on Appellant's computer, the suspicious log of Internet search queries on that computer, and Appellant's statements to police, a rational juror could conclude, beyond a reasonable doubt, that Appellant knowingly possessed the obscene material and willfully made it available online.
¶ 7 As to Proposition IV, the sentences imposed were well within the statutory limits, and we have found no improper evidence or argument which might have unfairly prejudiced Appellant at trial. We cannot say the sentences imposed are shocking to the conscience. Rea v. State, 2001 OK CR 28, ¶ 5, 34 P.3d 148, 149. Proposition IV is denied.
¶ 8 The Judgment and Sentence of the District Court of Tulsa County is
Lumpkin, V.P.J.: CONCUR.
Johnson, J.: CONCUR.
Lewis, J.: CONCUR.
HUDSON, J.: CONCUR.