What if I’ve Accidentally Viewed or Downloaded Child Pornography?

Accidentally viewing or downloading child pornography is a scary situation. But in today’s online environment, this can occur more easily than most people think. Clicking a misleading link or pop-up, or accessing a file-sharing platform, can result in you unintentionally encountering illegal content. As criminal defense attorneys, we get many clients who say they accidentally viewed or downloaded child pornography. If you find yourself in this situation, it is vital to understand your rights and take prompt steps to protect yourself.

Understanding the Law

Florida Statutes section 827.071 criminalizes knowingly possessing, controlling, or viewing child sexual abuse material (CSAM), otherwise known as child pornography. The vital term to note here is “knowingly.” If you are arrested and charged under this statute, the prosecution must prove that you intentionally sought or possessed the CSAM. Just one image or file is enough to lead to criminal charges if it contains sexually explicit content involving a minor.

At the federal level, 18 U.S.C. sections 2252 and 2252A, it is a crime to possess, receive, or distribute any visual representation of minors engaged in sexually explicit conduct. If you are convicted on the federal level, you risk facing a mandatory prison sentence, supervised release, and sex offender registration.

Accidental Viewing or Downloading

Perhaps you opened a link or downloaded a file thinking it contained adult content or something else, only to find that it was child pornography. Or maybe malware or a virus automatically downloaded illegal content onto your device without your knowledge. If your device is seized during an investigation and law enforcement finds these files, it may not matter whether you intended to have them or not. At least, not at first.

If you are charged, it is up to the prosecution to prove that you intended to view or download the CSAM. The prosecution must prove beyond a reasonable doubt that you knowingly possessed, accessed, or downloaded the material with an awareness that it depicted a minor engaged in sexual conduct. You have the right to defend yourself, and if you can prove a lack of intent, it may be possible to have the charges against you dismissed.

What To Do if You’ve Accidentally Viewed or Downloaded Child Pornography?

If you have accidentally viewed or downloaded CSAM, it is vital that you don’t panic. If you panic, you might do things that worsen the situation. Now that you are calm, here are some key steps to take;

• Stop accessing the site or file immediately
• Contact an experienced criminal defense attorney immediately
• Avoid speaking with law enforcement without an attorney
• Preserve evidence that supports your innocence, such as browser logs, download histories, and antivirus reports

How an Attorney Can Help

If you believe you accidentally viewed or downloaded pornography, it is vital that you hire a skilled criminal defense attorney. A qualified criminal defense attorney can review how the files were accessed, demonstrate that the viewing or download was accidental, and challenge digital evidence. An attorney can work with digital forensic experts to show whether you opened the material intentionally or whether it was automatically downloaded without your awareness.

Contact Us for Legal Help

If you believe you’ve accidentally accessed illegal content, don’t panic and don’t try to handle the situation alone. Contact our skilled Orlando sex crime lawyer at Joshi Law Firm, PA right away to protect your rights, reputation, and future.