“THE SCORN OF KIDDIE PORN, OR JUST AN INNOCENT MISTAKE, OFFICER?”
Nowadays, it is hardly a secret that many internet users spend time looking at “adult content” websites, including lawful, legal adult imagery – in other words, they look at online pornography, or “internet porn”. Well, guess what? Many of these sites use pages and pages of alluring “thumbnails” that, at times, also contain illegal images of child pornography or “kiddie porn,” for short. Other such sites quickly link you to pop-up pages that do the same. Concerning? You bet. That means that if you (“Me? Why, never, of course”) or anyone you know (the “I have a friend…” call) ever takes a quick look at human nakedness on line, at work or at home, there is a risk that an illegal child porn image will have been displayed on your computer. Yep. That can happen. And anything, including each and every such thumbnail image, that is displayed on your PC (or iPad or tablet or iTouch or smart phone) screen is ALSO then stored in the temp or the cache files on that gadget’s hard drive. “X-ing out” of it, or deleting it, or closing the page, or navigating away from it, though, does NOT mean that this possibly unseen but potentially illegal imagery is also no longer “there”. It often is. And it remains even after a cache file or temp file “clean up”, at least if that gadget’s hard drive is ever inspected by a forensic computer expert.
Scared yet? After all, Halloween and Freakfest are almost here. Read on… because it gets more frightening than that. Well, friends, that is not your only concern. (Or “your friend’s”.)
You see, last April, the law in Wisconsin changed to require – that’s right, “REQUIRE” – that anyone who knowingly possesses, or in other words, is caught with even one such illegal image on their whatever gizmo, must, repeat MUST, spend three years in prison. Waupun. Dodge. For “kiddie porn.” JUST ONE.
Why should you care? Well, maybe you shouldn't, because maybe you are a member of that population group that is able to avoid simple temptation and therefore does not, never will, and just couldn't look at adult porn.
But if you are not so disciplined, or in other words, if you are a mere mortal, then you should keep this in mind. You see, there could come a day when an officer calls you, or knocks on your door – or knocks DOWN your door (armed with a search warrant for your PC or other gizmos, and they take them all) – and then manages to find or recover or uncover evidence that your gizmo has illegal child porn imagery on it. This may seem an unlikely scenario, and it may be. But others may also use your PC or other web access device, and what if they do so? Or what if they use your wireless router signal to log on to such sites or worse, real kiddie porn sites? And leave the IP address (your internet access “address”, practically speaking) that is yours and yours alone??
There is no simple answer. But there are some basic pieces of advice to heed.
First, if you think your PC is infected, for goodness sake, don’t take it right down to the police or the local repair shop; they WILL find it and they WON’T believe you when you say you had no idea. Turn off the machine. Call a lawyer who knows what to do. Not a prosecuting attorney, mind you, but a skilled, knowledgeable criminal defense attorney.
Second, if you actually face possible investigation or, worse, child porn charges, well, then, immediately consult with an experienced criminal defense attorney – one who has handled this situation and these cases in the past.
Third, do not make any, any, or ANY statements to the police (or to your employer or your ex or your not-so-best friend, if that is who is asking) unless and until you have consulted with an attorney with clear experience in defending these types of cases. Silence is golden here, until you have real legal advice. And it is allowed, too.
Oh, well, actually, there is one easier, simpler, if less desirable solution. DON’T LOOK AT PORN ON THE WEB. ANY! Yep. That is it. that is your “easy” button. Hmmm…
- Chris Van Wagner, at Van Wagner & Wood, S.C., Madison, WI (an attorney with vast experience sagely advising folks who have “a friend” who looks at questionable web “stuff” and with even more experience successfully representing folks who are sometimes their own worst enemy, but at other times, wrongly accused.)
