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  1. #1
    Join Date
    Jul 2018
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    2

    Default Viewing Illegal Content on a Website

    My question involves criminal law for the state of: Georgia/Federal. About 5 days ago I stumbled upon a porn site that I had never seen/heard of before. I started watching a video that looked good to me. About 3 minutes in I realized what I was watching. Child porn. I immediately clicked out of the site, cleared my history, cookies, and everything else I could reset. I wasn’t using a VPN so my IP was completely visible. I’m so worried I’m about to get a knock on the door from my local PD or even the FBI. Should I be worried or am I making a big deal over nothing? Thanks for the help in advance.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Viewing Illegal Content on a Website

    Quote Quoting HappyJoked
    View Post
    My question involves criminal law for the state of: Georgia/Federal. About 5 days ago I stumbled upon a porn site that I had never seen/heard of before. I started watching a video that looked good to me. About 3 minutes in I realized what I was watching. Child porn. I immediately clicked out of the site, cleared my history, cookies, and everything else I could reset. I wasn’t using a VPN so my IP was completely visible. I’m so worried I’m about to get a knock on the door from my local PD or even the FBI. Should I be worried or am I making a big deal over nothing? Thanks for the help in advance.
    Accidentally stumbling on a single image or video of child porn and promptly deleting it when you realized what it was typically will not get you prosecuted for child porn. The federal child porn statute, 18 U.S.C. § 2252A requires that you had to knowingly possess the child porn or knowingly access it with the intent to view it. So the statute targets those who are out actively looking for child porn, not those who might innocently stumble across it. Moreover, the statute provides an affirmitive defense:

    (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.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Viewing Illegal Content on a Website

    Under federal law,
    Quote Quoting (c)Affirmative Defense. — It shall be an affirmative defense to a charge of violating paragraph (4) of subsection (a) that the defendant -
    [indent

    (1) possessed less than three matters containing any visual depiction proscribed by that paragraph; and

    (2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof —

    (A) took reasonable steps to destroy each such visual depiction; or

    (B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
    [/indent]
    Make sure that you have destroyed any image that remains on your hard drive, and make a report to law enforcement. The NCMEC offers an online reporting form that they will process and submit to law enforcement.

  4. #4
    Join Date
    Jul 2018
    Posts
    2

    Default Re: Viewing Illegal Content on a Website

    Quote Quoting Mr. Knowitall
    View Post
    Under federal law,

    Make sure that you have destroyed any image that remains on your hard drive, and make a report to law enforcement. The NCMEC offers an online reporting form that they will process and submit to law enforcement.
    Should I be expecting a knock on my door from Law Enforcement?

  5. #5
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: Viewing Illegal Content on a Website

    We are not mind readers. It seems doubtful though.

    Report the website.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Viewing Illegal Content on a Website

    Quote Quoting HappyJoked
    View Post
    Should I be expecting a knock on my door from Law Enforcement?
    Have you called them yet?

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