Legal Question: “I’ve been accidentally exposed to child pornography on my computer, but immediately closed the browser, deleted the images and wiped my browser caches/history. Can I still be charged with a Child Pornography or Endangering the Welfare of a Child violation?”
What Constitutes an Offense for Viewing Child Pornography?
It is a third degree crime for a person to knowingly possess or view any photograph, film video tape, computer program or file, or any other production or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet.
For this offense, the term “possess” includes receiving, viewing, or having under one’s control, through any means, including the Internet. It is also essential that the statute requires a mens rea, or “guilty mind,” in order to be found guilty of the offense. In this case, the standard is that the person viewing, streaming, or watching the illicit child pornography material must have known, […]