When someone is charged with a child pornography crime, the case becomes a top story in the news. However, many news outlets leave out the details of how a person was caught with child pornography. Many times, a child pornography case involves something other than simply “looking at child porn on the Internet.” The following are six lesser known ways you can be found in possession of child pornography…
1. Using a Peer-to-Peer File Sharing Network
In a recent Court of Appeals case United States of America v. Eric Paul Vallejos (case number 13-10025), the court affirmed a decision that found Eric Paul Vallejos guilty of federal possession of child pornography under United States Code 18 Section 2252(a)(4). Federal law enforcement agencies monitored Vallejos while he was using a peer-to-peer file sharing network to download child pornography.
Popular file sharing sites like Limewire are commonly used to download large amounts of data (usually music and movies) by downloading parts of the data from “peers” who have the data on their computers instead of from a single source. Federal law enforcement agencies can use computer programs to monitor these file sharing sites for illegal content like child pornography.
2. Having it Stored in Your Internet Cache
Your internet cache is in the “temporary internet files” folder on your computer’s hard drive. This is where web pages and files are stored as you view them. The internet cache speeds up the display of pages you frequently visit or have already seen, because it is faster to open them from your hard drive than from the web. If your computer contains child pornography and it is seized by law enforcement officials, any child pornography content can be seen by accessing the cache.
3. Your Internet Search History
Your internet search history is different from your internet cache. Your internet search history is located in your web browser and it simply records the history of the websites you visit. If you visited websites with any child pornography content, it can be viewed by going through the history on your browser. However, internet search histories can be easily deleted from web browsers.
If you are sent a photo or video of a minor engaging in any unlawful sexual activity, you can be charged with possession of child pornography. Even if you delete the item from your phone, you can still face charges. Evidence of the photo can be accessed through the other person’s phone or through phone records.
5. Your Internet Service Provider
Under federal law, internet service providers (ISP) like AOL and AT&T are required to report child pornography to federal law enforcement agencies when it is identified. If you view child pornography online, the ISP can provide federal law enforcement agencies with your account information and the law enforcement agency can file a warrant to seize your computer.
6. Law Enforcement Stings
Federal and state law enforcement agencies can use chat rooms to pose as people interested in buying, selling or exchanging child pornography or as children seeking to work in the child pornography industry. They can send you links to websites that are alleged to show child pornography and have you click on them. Law enforcement can use this tactic to charge you with a child pornography crime.
Call the Los Angeles Child Pornography Attorneys at Wallin & Klarich
If you or a loved one is facing a child pornography charge, it is critical that you speak to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience successfully handling child pornography cases. Our attorneys will fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich sex crimes attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.