Recent developments in federal case law suggest that child pornographic images contained in a computer’s cache files and temporary internet files might not be properly charged against a person found in possession of the computer – without some other evidence the person knowingly exercised care, custody, control, or management over the images.
The courts have made it plain that a person knowingly possesses child pornographic images when they seek out images over the Internet and then download them to their computer. However, when a person accesses a web page, the web browser will automatically download that page into the temporary internet files. When the temporary files get full, they spill excess saved information into the deleted temporary internet files. All of this goes on without action (or knowledge) of the computer user. A sophisticated user might know this is occurring, but most computer users do not even know these images are on their computer.
An experienced Computer Crimes Defense Attorney can develop evidence favorable to your defense in cases where the police find illegal images on your computer. Contact Stephen Gustitis immediately to begin the preparation of your defense.