Legal Question in Technology Law in Mississippi
Accident on a popular downloading program
My friend and I have a bet, he says that if someone were to accidentally download a pornagraphic picture of a child that was not labled properly as in it just had a bunch of letters and numbers as the name and it had no discription, then that person could go to jail even if he deleted it right away. I disagree. Thanks for answering.
2 Answers from Attorneys
Re: Accident on a popular downloading program
A conviction for this crime requires proof that the defendant acted intentionally. Innocently downloading a picture which the defendant did not know was child porn would not be a crime. Of course, police and prosecutors might be skeptical of his story, but their investigation should be able to confirm how the picture was originally labeled and that it was quickly deleted. The defendant in your hypothetical is not guilty and probably would not even be charged.
Re: Accident on a popular downloading program
Technically, possession of child pornography is a crime. It is not a crime to dispose of something immediately, but be forewarned that a pattern of downloading and disposing would evidence a different state of mind: it would show a clear intent to possess. Thus, it is likely that the mere possession even with deletion could be charged.
Deleting illegal content does not save you if the prosecutor finds evidence of crime. Most people who get caught have tried to delete.
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