How Much Time Will You Get for a Child Porn Charge

My question involves criminal law for the state of: Kansas

A guy I know pretty well told me he was detained and questioned by the FBI last week for child porn on his phone.

I don't know the whole story but what I gather is that he was downloading pics from tumbler and accidentally (?) downloaded some child porn.

I asked if he intentionally googled ''child porn'' and he said he did, to ''compare and see if they were really underage'' (his response was kinda hinky).

They took his phone and laptop last week and he doesn't have it back yet.

The deal is, this guy is freaking out and I'm afraid he might hurt himself. He said he did some research and said that they can keep his phone for years and just arrest him at any time.

My questions are: Any idea what he's in for as far as sentencing on this, is googling ''child porn'' illegal, how long do they take to go through phone/laptop etc before making arrest, etc.



I have a vested interest in this as I agreed to take care of his dogs and find them homes in the event he's arrested.

Thanks for reading and thanks in advance for any responses.

Googling child porn is not, in itself, illegal. Incredibly foolish but not illegal.

They take as long as they take to review the evidence. A few accidental downloads of images and a google search doesn't seem like much for the FBI to be getting involved in though. Should they return the property and tell your friend he's in the clear, he is probably okay. He should refrain from going to sites like tumblr though as it, and similar sites, tend to be cesspools.

Nobody accidently downloads child porn. It is an intentional action. :rolleyes:

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Quoting Mechanic785

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Any idea what he's in for as far as sentencing on this

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He should be speaking with a federal criminal defense lawyer. He can look at the federal criminal sentencing guidelines, if he chooses, but they're complex.

It's reasonable to infer that you don't know the whole story.

But this ...

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Quoting Mechanic785

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I don't know the whole story but what I gather is that he was downloading pics from tumbler and accidentally (?) downloaded some child porn.

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... is very different from this, don't you agree?

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I asked if he intentionally googled ''child porn'' and he said he did, to ''compare and see if they were really underage'' (his response was kinda hinky).

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It's either accidental, or it's deliberate. It's not both.

And stone the crows, I actually agree with budwad. Mark this date in your calendars.

Thanks for the responses so far guys. Some good info I can pass along already. I'll suggest a Federal Criminal Defense Lawyer.


Wish I could shed more light on what he did/didnt download. Does anyone know the length of time the FBI can have your laptop/phone for?

I think this is the main thing he's freaking out about …that they could keep it forever and randomly arrest him in 3 years or something.

BTW I know what he did is stupid and wrong. Not trying to defend it here, just worried about the guy and also his dogs since they were already taken to the pound while the FBI searched his house.

Thanks again

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Quoting Dogmatique

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But this ...



... is very different from this, don't you agree?



It's either accidental, or it's deliberate. It's not both.

And stone the crows, I actually agree with budwad. Mark this date in your calendars.

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I agree Im not really getting the full story. What he told me is that he was downloading random pics from tumbler, found some young looking women, then googled ''child porn'' to ''check if they were legal''. Doesnt make sense to me but thats what he's going with and told the FBI. He said the FBI questioned him for 3 hours but he hasn't been arrested or charged.

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Quoting Mechanic785

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Thanks for the responses so far guys. Some good info I can pass along already. I'll suggest a Federal Criminal Defense Lawyer.

Strange that the thread title changed. I'm looking for info on things he might encounter like fines etc besides jail time.

Wish I could shed more light on what he did/didnt download. Does anyone know the length of time the FBI can have your laptop/phone for?

I think this is the main thing he's freaking out about …that they could keep it forever and randomly arrest him in 3 years or something.

BTW I know what he did is stupid and wrong. Not trying to defend it here, just worried about the guy and also his dogs since they were already taken to the pound while the FBI searched his house.

Thanks again




I agree Im not really getting the full story. What he told me is that he was downloading random pics from tumbler, found some young looking women, then googled ''child porn'' to ''check if they were legal''. Doesnt make sense to me but thats what he's going with and told the FBI. He said the FBI questioned him for 3 hours but he hasn't been arrested or charged.

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Honestly? I'd start distancing myself. Even if by some miracle he is absolutely innocent, he really sucks at explaining himself and that all by itself can land you in trouble simply by being associated with him.

You could always ask exactly how he expected to prove the age of "younger looking women" by looking at pictures of child porn. How on earth would he know if the image was digitally manipulated, involved an actress who looked young but was of age or any number of other possibilities? EXACTLY.

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Quoting Dogmatique

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Honestly? I'd start distancing myself. Even if by some miracle he is absolutely innocent, he really sucks at explaining himself and that all by itself can land you in trouble simply by being associated with him.

You could always ask exactly how he expected to prove the age of "younger looking women" by looking at pictures of child porn. How on earth would he know if the image was digitally manipulated, involved an actress who looked young but was of age or any number of other possibilities? EXACTLY.

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Yikes never thought you could get in trouble for just knowing someone questioned about this. Not cool.

For the record the story sounds funny to me. Im really just trying to get a read on how long it takes to make an arrest if they decide to, for his dog's sake. If they haul him off I don't want them going to the pound and then put down. I am friends with someone with a no kill shelter that can take them in.

Thanks again for the responses.

Can this thread be locked/deleted?

I'd like to distance myself from the situation. Kind of freaked out by what Dogmatique said above.

This is his business to deal with and I don't want to be involved in any way or know more about his issue.

Thank you for all of the thoughtful responses and info.