Certain images and videos contain such sensitive and questionable material that even having them on one of your devices is enough to warrant your arrest. For example, federal law prohibits the creation, possession and sharing of sexual images and videos of those under the 18 years of age.
The prohibition on these images aims to protect children, but innocent people can wind up accused of life-altering offenses by mistake. If you find yourself accused of the possession of child pornography on your computer, the potential penalties are severe — so it’s important to fight back.
Here are some potential defenses:
A SINGLE IMAGE CAN SLIP THROUGH YOUR ONLINE SAFEGUARDS
Occasionally, an individual gets arrested because law enforcement tracks a single illegal image or file to one of their electronic devices. It’s entirely possible that a file got downloaded by accident or as part of a malware bundle — without your knowledge or intention.
SOMEONE ELSE MAY HAVE DOWNLOADED IMAGES TO YOUR COMPUTER
If you can show that other people had access to your electronic device, there may be no way to prove who downloaded which files, which can lead to plausible deniability in your case.
SOMEONE MAY HAVE HIJACKED YOUR WI-FI OR IP ADDRESS
The same is true in situations where there is evidence of a device downloading files or uploading them at your IP address. Your IP address may have been hacked. If the files aren’t actually on your device, it could even have been a stranger hacking your Wi-Fi.
There may be other defenses possible, like showing these were pre-existing files on a used device or that you’re otherwise a victim of circumstances. Every case is fact-specific, so a careful look at the evidence against you and the records of your internet and computer use might help you find a way to defend yourself against child pornography allegations. Speak with an experienced defense attorney before you do anything else.