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  1. #1
    Join Date
    Mar 2010
    Posts
    8

    Default Defenses to 18 USC 2252a

    My question involves criminal law for the state of: co

    I was just reading about someone who accidently ended up with a questionable picture online. Now does 18 USC 2252A mean that if this person accidently got a picture or had a copy of less than 3 images & then destoyed it, that person would not be charged as below says?

    (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

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Defenses to 18 USC 2252a

    An "affirmative defense" must be proved by the defendant. The defendant would have to prove each and every element to the satisfaction of the finder of fact, by a preponderance of the evidence.

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