ExpertLaw.com Forums

Can You Get in Trouble for Reporting Illegal Images to tne NCMEC

Printable View

  • 07-07-2017, 02:54 AM
    Ghostown
    Can You Get in Trouble for Reporting Illegal Images to tne NCMEC
    My question involves criminal law for the state of: federal/ND
    So I sometimes look at odd pornography from time to time on google but recently I came across some illegal images on google images, it's happened before and I simply reported it using the "report image " button on safari but this time I decided to make a real report to NCMEC and they took my name and address. They said it's a normal part of their reporting process so I thought nothing of it until I talked to a paralegal friend of mine who said I should never have reported it. Now needless to say I'm totally freaking out and can't sleep. Just to clarify I have not ever downloaded, screenshotted, or streamed any porn of any type ever.
    What should I do
  • 07-07-2017, 03:23 AM
    Taxing Matters
    Re: Did I Mess Up by Doing the Right Thing
    Paralegals are not lawyers. They generally have far less training than what lawyers have and some have very little legal training or experience. So when you are looking for legal advice, you want to talk to a lawyer, not a paralegal.

    In this instance you likely have nothing to worry about. Accidentally coming across an image of child porn doesn't make you a criminal. You have to have intended to obtain the child porn. Federal law indeed recognizes that it is possible to accidentally come across child porn and provides an affirmative defense to the federal charge of receiving child porn as follows:

    (d) Affirmative Defense.-It shall be an affirmative defense to a charge of violating subsection (a)(5) that the defendant-
    (1) possessed less than three images of child pornography; and
    (2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof-
    (A) took reasonable steps to destroy each such image; or
    (B) reported the matter to a law enforcement agency and afforded that agency access to each such image.

    18 U.S.C. § 2251A(d).

    So actually reporting the image was the right thing to do, as it is one of the ways to avail yourself of the affirmative defense. And maybe you’ll help put some sleazy child porn producer out of business and in prison where he or she belongs.

    Now, if you keep running across child porn you may end up with a problem because while it is believable that you might accidentally run across one or two such images while surfing the net, if you are getting a lot of them you’d pretty much have to be seeking them out. And thus if you reported lots of instance of child porn images, that is likely what the government is going to think — you are intentionally looking for child porn. You certainly don’t want that.
All times are GMT -7. The time now is 05:38 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved