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What proof and evidence is needed to convict someone of viewing child pornography online?

Lemoyne, PA |
Filed under: Internet law

I have viewed legal images of nudists on a website for the past several months and I believe I may have came across some questionable content. I opened a page and viewed some of the images but it wasn't until I saw the face that I realized it was an underage girl. It happened to me a few times and I finally decided I'm not going to visit that site again. There are tons of legal pics and photography but the illegal ones are mixed in. I know it is not illegal to accidentally view the material but how would I prove it was an accident? What do they need to get a search warrant for my pc? I have been in a panic because I know law enforcement would try to convict me even if it was an accident and I know it can take years before they show up at your door.

Attorney Answers 2


Just possessing it is enough. Just looking at it is enough. They can tell where you've been on your computer no matter how much you "scrub". If I came across something like this accidentally, I'd inform the FBI right away that these sites had inappropriate material regarding children.

We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

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While I agree with lawyer Sargeant, I do have one extra comment.

I suggest you speak to an attorney before contacting the FBI. I always suggest to potential clients that they should never enter the legal arena without a lawyer by their side. You never know what unintended consequences you could run in to.

You may want to discuss your situation with a lawyer in more detail. Use the "Find a Lawyer" tab on this site and choose someone from your locale. Most lawyers on Avvo offer a free phone consultation.

This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.

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