Downloading Adult Porn In Bulk Can Get You in Trouble With Child Porn

CHARLOTTE, NC, March 11, 2013

Searching for, viewing and downloading adult pornography is not illegal. But, there is a problem when sexually explicit images of children sneak into group of otherwise legal images during a bulk download. No matter how you receive it, even if accidentally, possession of child pornography is illegal.

Accidental download of child pornography can happen quickly and may be irreversible. Say, for example, you ran a quick search for pornography on the internet or through file-sharing software. Ten 'hits' come up, you select all to download, walk over the kitchen to grab a drink and then come back to leaf through the images and videos you have acquired. You notice one file in which the actors or actresses don't seem to look quite old enough and the lightbulb goes on - "This is child porn!" Quickly you try to delete the images or videos, but the damage is done. You've downloaded sexually explicit images of minors.

It happens. Delete the images from your computer and your sharing folder if your are using software like LimeWire or FrostWire. Don't re-access them. Consider clearing your internet browser's cache and temporary internet files. Take a deep breath. If the accidental download ends in an investigation or an arrest, contact an internet sex crimes defense lawyer right away.

Do The Police Track Internet Child Pornography?

To a certain extent, yes.

There are a variety of ways that law enforcement may use to track the distribution of child pornography on the internet. An investigator may log-in to a file-sharing network such as Limewire or Kazaa, run a search for child pornography and download any hits. Software has been created that would then allow the officer to track back where the child pornography was shared from, meaning that the officer can figure out the ISP of the sender of the pornography and contact the service provider for that person's address.

Images and files shared through P2P networks or across the internet often have a unique hash mark or hash value. This unique indicator can also be tracked; police can use software to trace hash marks that are known to be affiliated with child porn and pursue those who download or access these types of files.

What Happens If Police Suspect That You Have Child Porn?

Typically, the first time you will know about being under investigation for possessing or distributing child porn over the internet is when the police knock on your front door. They may come simply asking questions or, more likely, they will come with a warrant to seize and search your computer for sexually explicit photos, videos or other content that shows children under 18.

Forensic experts will dig into your hard drive to look for stored data that tends to show that you possessed or received child pornography. This is a deeper dive than simply looking at the files on your desktop or your internet browsing history. Do not be caught thinking out of sight is off your computer. If you have child porn on your computer, or had it on your computer at one time but thought you deleted it, these experts are paid and trained to find it.

What Should You Do If The Police Come To Your Door?

If you are being investigated for internet sex crimes involving children, you should request an attorney immediately. Do not attempt to reason with law enforcement. Do not attempt to tell your side of the story to make them understand that it was an accident or otherwise not your fault. Often those who try to help themselves by immediately cooperating with police do more to hurt themselves in the long run.

You have a right to an attorney. An experienced sex crimes defense lawyer can ensure that your rights are protected and that the state or federal government actually has enough evidence to pursue sex offense charges against you. Your attorney can also help stop you from making things worse by saying too much or the wrong thing at the wrong time.

But I Didn't Mean To Download The File!

When searching for pornography on the internet, it is possible to be charged with an internet pornography crime without actually saving images to your personal computer. Simply accessing a child porn file can get you into hot water with state and federal law enforcement.

The same is true for bulk downloads of pornographic material. If an image or two of child pornography slips into the group of legal porn that you were accessing, you may still find yourself in trouble. Possession has been defined very broadly in both North Carolina and federal law and may not require actual possession of the images or files. Files automatically stored in your browser's cache have been considered "possession" in prior cases.

But, just because the police have arrested you for or the prosecutor has charged you with possession or distribution of child pornography after an accidental download does not mean you are without several defense options, including:

- If the time a file containing child pornography was created is close in time to the last time that file was accessed on your computer, it may be possible to assert that you innocently and accidentally downloaded the illegal material and promptly deleted it once discovering that it was child porn.
- If your browsing history over the past few months is otherwise clear of sexually explicit material of minors, it may be possible to assert that this was a one-time accident.
- If the last accessed time stamp on an illegal porn file was at a time when you can establish that you were somewhere else, you may have an alibi to assert your innocence regarding the possession of child pornography.

These are just a few possible defenses to accidentally downloaded child porn. If you are under investigation or have been arrested for possessing or distributing child pornography, you should contact a sex crimes defense lawyer in your area right away.

At Roberts Law Group, PLLC, our criminal defense attorneys fight for the rights of the accused throughout North Carolina. With offices in Raleigh, Wilmington and Charlotte, our experienced lawyers offer a free initial consultation to anyone facing criminal charges including drunk driving, sex offenses, drug crimes, white collar crimes or other felony or misdemeanor in the North Carolina state or federal criminal justice system . When experience counts, put Roberts Law Group on your side

Roberts Law Group, PLLC
112 S. Tryon Street
Suite 720
Charlotte, NC 28202
Local: 704-251-2501