Legal Question in Military Law in Virginia

Child Pornography

Hello, my roommate found child pornography on my computer, and all my electronics were seized for investigation by NCIS. I was unaware the material was on there. I use a file sharing program that sometimes does not truthfully advertise the true nature of the files being downloaded. It has happened to me before, but i just said gross, and deleted it after opening it. I guess I didn’t notice these files; I sometimes download blocks of material at once, and then go to work, so it will be done by the time I get off work. What are the punishments for child porn in the military? I’m afraid that I will get convicted because I’m sure I have more ( not much more) bad material on there that I have deleted long ago when I noticed I had downloaded it. I’m just freaked out about felonies, jail time, and being a registered sex offender. Just don’t know how this works.


Asked on 8/24/07, 3:29 pm

2 Answers from Attorneys
Philip D. Cave Military Law & Justice

Re: Child Pornography

1. I do about 7 - 8 of these type of military cases each year.

2. You should be very careful about what information you put on a site like this, it's not private or protected.

3. These cases are difficult, because of the technical information that needs to be sorted through. You'll need a good forensic computer expert on your side if you are prosecuted.

4. Feel free to contact us for a free consultation.

Remember, "waive nothing but the Flag."

Sincerely, www.court-martial.com

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Answered on 9/03/07, 10:37 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Child Pornography

This is an exceptionally serious matter and you need exceptionally serious help. You need to meet with a JAG attorney for assistance as soon as possible. You may wish to consider outside counsel to assist you in what could be a highly technical case.

This is the reason why file sharing systems are bad ideas. Do not talk to NCIS without an attorney. Do not under any circumstances make any decisions without legal advice.

Good luck

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Answered on 8/24/07, 3:39 pm


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