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Posession of child porn

Miami, FL |

What would happen if a person confessed of posessing child porn ,but when the officials did a seach and seizure on the computer, they didnt find anything, what would happen now?

Attorney Answers 5


  1. Possession of child porn is viewed very harshly by the courts. When you say nothing was found, the question is whether the hard drive has been analyzed yet. Typically the authorities are able to recreate anything that has been deleted from the hard drive, so even if they can't find anything, it may still be recoverable in a computer lab. That is a lengthy process. If that has been done and nothing was located, there would be no basis for a prosecution even with the incriminating statement. The DA has to be able to prove that it was kiddie porn and he can't do that without the photos.

    This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.


  2. The government would have to prove that a crime was committed and that you committed that crime. Your statement alone, without ay further evidence, would be able to be subject to a corpus delecti motion (govenrment has to prove the body of the crime) and the charges may ultimately be dismissed if the statements are the only proof.


  3. If no child porn is found after the computer has been analyzed then the prosecution would be unable to ultimately charge and/or convict that person based on their statement alone.

    If you or someone you know is facing these charges then I would strongly recommend that you/they retain a criminal defense attorney to aid them in this process.

    Best of luck.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  4. Your admission to possessing child porn is not enough to charge you, but it may be enough to get a warrant to search your house for evidence of this crime. Simply showing them your computer is not going to make them forget about you.


  5. You may not be out of the woods quite yet. While I agree with other attorneys who say that there is no proof of a crime (no corpus delecti, or "body of the crime"), a confession may prompt authorities to investigate further. Just because no downloaded or saved images were found on the hard drive doesn't mean that the police will just let it be. Police can access your search engine history. They can also track your IP address to see if your computer has visited any child porn websites. If there is any indication that you have accessed child pornography, they could charge you. The law on corpus delecti is not favorable to the defense. All the prosecution needs is very minimal proof of a crime. Coupled with your confession (because if they can prove a crime, your confession is admissible), they could have a case.

    No doubt about it, the person who has made this confession is under investigation.

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