Can someone (man) be charged with kiddy porn if the only evidence is private messages on facebook from his current wife?

Asked over 1 year ago - Caldwell, OH

I received a private message on fb from my ex husbands wife, she said tht my ex husband had kitty porn hid tht she had found and she was divorcing him. She also stated she was concerned about her step children which are my children.

Attorney answers (2)

  1. Ian Thomas Valkenet

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Your ex husband may be charged if probable cause is found to substantiate the charges. This probable cause must be determined by a grand jury (in the case of an indictment), or a neutral judicial magistrate (in the case of a criminal complaint).

    Your question, more likely, is whether a charge may result in a conviction. The answer is likely not. In order to sustain a conviction for possession of child pornography, it is incumbent upon the State to demonstrate that your ex-husband actual or constructive possession (exercising dominion or control) of pornographic material featuring minor persons. These elements must be proven beyond a reasonable doubt. A message from a third-party over a social media site (ignoring the evidentiary problems stemming from the general prohibition of hearsay) is insufficient to satisfy that burden.

    If additional evidence is adduced, the analysis changes. If your ex-husband is charged with a crime, he should engage a private defense attorney immediately. If he cannot afford one, he should apply for representation through the Public Defender.

  2. Christopher Lee Beck

    Pro

    Contributor Level 19

    Answered . This could be enough for the police to secure a warrant to do a forensic search of the computer. If images are found and can be tied to your ex husband then he may be charged with possession of child pornography. His current wife should contact the police.

    Attorney Chris Beck
    Beck Law Office, L.L.C.
    Beavercreek, Ohio 45434
    (937)510-6110 phone
    (937)867-4111 fax
    attycbeck@gmail.com
    www.becklawofficellc.com

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more

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