The authorities may charge you for viewing illegal images. Some might argue that if the images are never actually downloaded, the person viewing them does not actually possess them. This is a tricky legal issue, and you should hire a lawyer immediately.
Whether you may be charged depends on several factors. Did you actively seek out the images, or did you accidentally stumble upon them and view them by accident? Did you have control over the images, even if they were not downloaded on a device that you own? It is almost impossible to view an image online without downloading it somewhere, and there is almost always a digital trail. Your best bet is to get a lawyer and fight the charges by highlighting flaws in the evidence against you.
For a free, private legal assessment from our Atlantic City, NJ child pornography defense attorneys, call the Law Offices of John J. Zarych at (609) 616-4956.
Can You Be Charged Just for Viewing Illegal Images?
While viewing online images often involves downloading them, you do not necessarily have to download an image to be in possession of it.
Did You Seek Out the Images?
One important factor to consider when facing charges for viewing illegal images is whether the defendant intentionally sought out the images.
If a defendant is found to have sought out the illegal images, they have the intent necessary to be charged with a crime.
Remember, the goal of the law is to stop people from feeding into the illegal production and consumption of illegal images, such as child pornography. Even just viewing these images keeps this black market alive.
Accidental Viewing
When navigating the internet, it is normal to stumble upon online content you normally would not seek out. People may accidentally find child pornography or other illegal images online without meaning to.
In such cases, there is a serious lack of criminal intent, and the authorities are unlikely to bring charges. In this situation, it is best to report the images to the police immediately.
Where Are the Images Maintained?
Viewing an image online almost always requires downloading it. Even if you do not download it onto your personal device, it is still downloaded in your web browser. You do not necessarily have to click “Save” or “Download” to actually download illegal images onto device and open yourself to potential charges.
Images downloaded onto another device or a shared network you have access to may also be considered to be in your possession.
Can You View Images Online Without Downloading Them?
Even if the files are not saved on your device, they may still be downloaded in your browser, and there is usually some digital trail for the authorities to follow.
Downloading in a Web Browser
It is difficult to view an image online without downloading it. When we navigate the internet, images and other online content are downloaded into a temporary cache. This is not a permanent download, and the files are not saved on your device. Even so, the police may see this data if they seize your phone to search for evidence.
Downloading Files to Your Device
When most people think about downloading an image, they think about saving a file permanently in a folder on their device where they may access it offline. If files of illegal images are downloaded into a permanent folder on your device, the authorities may have a much easier time proving possession. However, you do not necessarily have to download the file this way to face criminal penalties.
File Sharing Programs or Networks
Whether files are downloaded to a temporary cache or a permanent folder, you may access them through things like shared networks and file-sharing programs. The image is downloaded elsewhere, and you may access the image remotely from your device.
Even though the data might be elsewhere, there may still be digital evidence connecting your device to the illegal images, and you can be criminally charged.
How to Fight Charges for Downloading Illegal Images in NJ
If you are charged with possession of child pornography or other crimes related to the viewing of illegal images online, an attorney can help you review the facts and evidence and develop an effective defense.
Illegal Searches of Your Devices
Cases involving illegal images often hinge on digital forensic evidence. The police usually must seize the defendant’s devices and have them analyzed by a digital forensic expert.
Phones and similar devices fall under the Fourth Amendment, and the police must have a warrant to seize and search your phone or computer. If the police searched your phone without a warrant, our NJ child pornography defense attorneys should absolutely challenge the seizure and have the evidence excluded. Without this digital evidence, the charges against you may quickly fall apart.
Lack of Intent
We might also challenge your supposed intent. To secure a conviction, prosecutors must prove that you intentionally viewed the images. If you viewed the images by mistake or clicked a link without realizing it would take you to illegal images, we can challenge the alleged intent and fight the charges.
The Images Are Not Illegal
Another possibility is that the images you allegedly viewed are not actually illegal. Pornographic images can be divisive, but they are not inherently illegal. The authorities may have been mistaken about the content of the alleged images and charged you even though the images do not depict anything illegal.
Is It Possible to View an Image Online Without Downloading It?
When viewing an image online, it is almost always downloaded to a temporary cache or downloaded onto the device itself, even without clicking “Save” or “Download.”
What Evidence Will Prosecutors Use to Prove a Defendant Viewed Illegal Images?
Prosecutors are highly likely to use digital forensic evidence when dealing with illegal images online. Even if the files are not downloaded onto your device for offline viewing, there is still a digital trail connecting your device to the images, which forensic experts may find quickly.
Should You Delete Data That Could Be Used as Evidence Against You?
No. It might be tempting to wipe your device clean before the police take it, but this is not a good idea. You may be accused of destroying evidence and obstructing justice, and you could face additional criminal charges.
When Should You Call a Lawyer After Being Charged with Viewing Illegal Images?
Call a lawyer immediately. If you have been arrested, demand to call a lawyer and do not answer questions from the police about the alleged illegal images. If you have not been arrested but believe you might be soon, contact a lawyer now who can help you prepare for what is to come.
Ask Our NJ Child Pornography Defense Lawyer for Legal Help Immediately
For a free, private legal assessment from our NJ child pornography defense attorneys, call the Law Offices of John J. Zarych at (609) 616-4956.
