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Hartselle Enquirer

Priceville man charged with child pornography

By Eric Fleischauer

For the Enquirer

A Priceville man is being held in Morgan County Jail after being charged with six counts of possession with intent to disseminate pornographic videos depicting children.

Russ Alan Miller, 57, of 1557 Alabama 67 S., was arrested Monday, according to the Priceville Police Department.

According to affidavits by Priceville Assistant Chief Jason Wilbanks, police searched Miller’s residence on Dec. 15.

“Located during the search was a black zip-up case with several scandisk thumb drives and SD cards,” Wilbanks wrote, and “several videos were located … of young female children under the age of 17 years of age performing sexual acts on themselves, other females and grown adult males.”

In a statement, police said they determined on Dec. 1 that Miller was involved in an investigation, and that a search warrant executed Dec. 15 led to the confiscation of several electronic devices.

Possession of child pornography with the intent to disseminate it is a Class B felony punishable by up to 20 years and a convicted defendant must register as a sex offender.

Priceville police said additional charges are possible.

Alabama law does not require prosecutors to identify the child depicted in the pornography. A judge or jury can find the person is under 17 based on appearance or with expert testimony on the development of the person depicted in the obscene images.

The intent to disseminate child pornography elevates the crime to a Class B felony. Possession without that intent is a Class C felony punishable by up to 10 years in prison.

Under state law, the intent to disseminate can be presumed.

“Any transfer of the visual depiction from any electronic device to any other device, program, application, or any other place with storage capability which can be made available or is accessible by other users, is prima facie evidence of possession with intent to disseminate,” according to the law.

Morgan County District Judge Shelly Slate Waters set bond for Miller, who remained in jail on Wednesday, at $45,000 per offense.

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