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  1. #1
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    Default Statute of limitations for cyber crime

    I am a 25 year old manager of a retail store graduated from college in 2002. I have a concern, and may be a little bit paranoid, but was wondering if anyone could help me. I don't know much about computers or cyber crimes, but about 6 years ago I came accidentally came across this child porn site. I in no way condone this content, it personally makes me ill. I didn't know what to do, just kind of freaked out and quickly closed out of it. Afterwards I never reallly thought too much about it and have since gotten rid of the computer. I have no idea who owns it now, but my question is, is there a federal statute of limitations for being charged with possession of this filth? I've always worried it could come back to haunt me. I know its very unlikely it would be found, but it still bothers me. I've heard most crimes have a 5 year time limit. I just dont' want this to come back to haunt me 20 years later, thanks for your time.

  2. #2
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    Default Federal Statute of Limitations

    Pursuant to 18 USC 3282, the federal criminal limitations statute of general application, "(e)xcept as otherwise expressly provided by law," a prosecution for a non-capital offense shall be instituted within five years after the offense was committed." There are a lot of exceptions, but the conduct you describe would probably fall under that statute. If you're worried about stuff saved to the hard drive, it is possible that the statute of limitations would start to run at the time the computer left your possession.

  3. #3
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    Default

    thanks for the reply, nothing was saved to the hard drive, but i guess everything you visit is recorded to it, so thats what made me paranoid.

  4. #4
    Join Date
    Nov 2005
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    310

    Default

    Also, be aware that Internet browsers do delete information at whatever interval they are set at. Default is usually 30 days. Since computers are considered obsolete after 3 years, it is likely that you computer has been scrapped anyway.

  5. #5
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    Default

    yea I am sure it was deleted from my browser, but with all the forensic capability I'm sure it could be dug up, as nothing is truly ever deleted from your HDD. I've even heard of gov officials being able to read info from shattered hard drive pieces with a microscope. I'm not sure this would even hold up as evidence however because I think law enforcement is required to make a mirror image of the hard drive before searching for evidence (to make sure no evidence is tampered with) thanks for your responses, I personnally hope whoever posts trash like that rots in jail for a very long time and that people who stumble across it report it at the cybertipline.com. Knowing what I know now, I would have take those steps

  6. #6
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    Default

    I found this

    No statute of limitations that would otherwise preclude
    prosecution for an offense involving the sexual or physical abuse,
    or kidnaping, of a child under the age of 18 years shall preclude
    such prosecution during the life of the child.

    Can somone explain what this means exactly??

    I am assuming this means there is no statute of limitations?

  7. #7
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    Default Statute of Limitations - Protect Act

    As I interpret that language, from 18 USCA 3283, it would apply to offenses such as production of child pornography, but not mere possession. Even if it applied it would also be hard to trigger that provision for mere possession charges, as typically the child's identity will be unknown and thus the prosecutor would not be able to establish that the exception applied.

  8. #8
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    Dec 2005
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    Indianapolis
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    Default

    ok thanks knowitall, I appreciate it, From what I understand you are saying that the statue of limitations for the production or other crime involving exploitation of a crime expire when that minor turns 18 as describled in that section I just posted. However, it would not probably apply to possession none the less.

  9. #9
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    Indianapolis
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    Default

    alright i guess i won't worry about it, it's not like i'm actively searching for this stuff or I'm a pedophile. I would certainly think that the mere fact I don't actually possess this kind of trash would be enough. Who is to say someone else didn't put that on my old hard drive. Guess i won't worry too much about it.

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