Avoiding Possession, Distribution, or Manufacturing Federal or State Child Pornography Prosecution

As a criminal defense attorney, I understand that the internet can be a minefield, especially when it comes to the content we consume. Most people have aspects of their internet history they’d prefer to keep private. Perhaps you visit adult websites occasionally—or maybe more frequently. It’s a personal matter, and generally, we all want to maintain that privacy. Statistics reveal that a significant percentage of adults engage with online pornography, but it’s often something we’re a little embarrassed about and prefer to keep to ourselves.

I want to bring to light a scenario that, while it may seem far-fetched, is more common than you might think and can have devastating consequences.

Let’s imagine a scenario: After a few drinks one night, you find yourself in your office, and for whatever reason, you start exploring the darker corners of the internet. You know you might regret it later, but the dopamine rush keeps you clicking. Before you know it, you’re on a site showcasing depraved acts you never knew existed. You’re drawn in, like a rubberneck at a car accident, and you can’t stop clicking.

Then, one click takes you to a site that loads incredibly slowly. Just as you’re about to close the browser, images begin to appear. You scroll down, and there are dozens, maybe hundreds, of pictures. At first glance, they seem like normal, even tame, adult content. You click on a couple, and they download to your hard drive automatically, without you even intending for that to happen.

But as you scroll further, a sickening realization dawns on you: these are pictures of minors. You’re looking at child pornography.

The adrenaline surges. You snap to attention, fully aware of the gravity of the situation. Child pornography charges are a serious offense. You immediately close the browser and delete your internet history.

However, here’s where things can take a turn for the worse. Unbeknownst to you, you have a file-sharing application running in the background, something you use to share music or video files. It’s always active when your computer is on. Those images that were automatically downloaded are now being shared with thousands of other users on the network. Without realizing it, you’ve just distributed child pornography.

This scenario, or variations of it involving shareware and social media files, happens more often than you might think. People innocently download pornographic images from peer-to-peer file-sharing networks or social media outlets, believing they’ve disabled the file-sharing settings, only to discover too late that they haven’t. They don’t realize they’ve already potentially committed a crime by downloading the images to their hard drive.

A recent ruling in Maryland highlighted the importance of understanding how your computer browser software works. While other technical information is considered, the excuse that “I turned off the sharing function” is often ineffective. The key issue is knowledge and consent.

With the increasing reliance on computers and online activity, federal and state authorities have intensified sting operations in Maryland, Pennsylvania, DC, and Virginia. If you engage in this type of activity, or even come close to it, you should be concerned.

Simply deleting your hard drive won’t always solve the problem. The download can be traced through your browser. By then, it’s often too late. Federal and state police have sophisticated tools to trace shared images back to your IP address. They can then subpoena your internet service provider and obtain your subscriber information. They know exactly where to find you.

If you have questionable web surfing habits and are concerned that investigators might pay you a visit with a warrant, here’s what you MUST do:

• DO NOT, UNDER ANY CIRCUMSTANCES, TALK TO ANYONE ABOUT THE MATTER. Let me repeat. Do not discuss anything about the situation, including ownership of any electronic devices.
• DECLINE TO BE RECORDED. Politely but firmly refuse to be interviewed without legal counsel present.
• EXERCISE YOUR RIGHT TO REMAIN SILENT. Anything you say can and will be used against you.

To summarize, here are the key takeaways to keep you safe and out of trouble:

1. Be Mindful of Your Online Activity: This seems obvious, but it’s the most important step. Be aware of the sites you’re visiting and the potential risks involved. Understand that anonymity online is often an illusion.
2. Understand Your Software: Learn how your browser and file-sharing applications work. Make sure you understand the settings and how to properly disable file sharing if you don’t want to distribute files.
3. Be Wary of Automatic Downloads: Many websites employ tactics to automatically download files to your computer without your express consent. Be cautious about clicking on links or images from unfamiliar sources.
4. Regularly Review Your Computer’s Contents: Take the time to check your Downloads folder and other storage locations for any files you don’t recognize or didn’t intentionally download.
5. Don’t Panic and Talk: If you suspect you may have inadvertently downloaded or distributed child pornography, the most critical action is to remain silent and seek legal counsel immediately. Do not attempt to delete files or tamper with evidence, as this can be construed as obstruction of justice.
6. Know Your Rights: Understand your constitutional rights, particularly the right to remain silent and the right to an attorney. Exercise these rights if you are ever contacted by law enforcement.
7. Seek Legal Counsel: If you are concerned about your online activity or have been contacted by law enforcement regarding child pornography allegations, it is crucial to seek legal advice from a qualified criminal defense attorney experienced in these types of cases.

Why is remaining silent so important?

• You could inadvertently incriminate yourself: Admitting even the slightest detail can be twisted and used against you in court.
• You may not fully understand the law: You might unintentionally make statements that sound incriminating, even if you didn’t mean them that way.
• The police are trained to elicit information: They are skilled at asking questions in a way that can lead you to say things you later regret.

Why is seeking legal counsel so crucial?

• An attorney can protect your rights: They will ensure that your rights are not violated during the investigation.
• An attorney can advise you on the best course of action: They will assess the situation and provide you with legal advice based on the specific facts of your case.
• An attorney can negotiate with the prosecution: They can work to minimize the charges against you or potentially have the case dismissed.
• An attorney can represent you in court: They will present a strong defense on your behalf.

The internet offers countless opportunities for education, entertainment, and connection. However, it’s also a landscape fraught with potential dangers. By being mindful of your online activity, understanding the technology you use, and knowing your rights, you can protect yourself from the potentially devastating consequences of a single, ill-advised click. Remember, when in doubt, remain silent and seek legal counsel immediately. Your freedom and reputation may depend on it.