21
votes
Can someone be convicted of possessing illegal images if no evidence can be found on the suspect’s computer?
Probably not. Let us take the case US v. Lowe where the evidence seems even more damning. Lowe was convicted, because his computer actually did contain hundreds of child porn images. Police had IP ...
- 215k
11
votes
Accepted
Can I be held liable for a client's private file upload? [Bad Question]
You might have to look at this from a global viewpoint, and some legal systems are less attuned to the realities on cloud computing than others.
Holding content in a temporary file on your rented ...
- 17.6k
9
votes
If somebody anonymously falsely reports that somebody on a given address has child porn, do the cops actually get a search warrant?
One of the leading U.S. Supreme Court cases on probable cause in circumstances in which there is an anonymous informant is Illinois v. Gates, 462 U.S. 213 (1983). In that case it allowed the use ...
- 213k
7
votes
The Legality of Naked Photos of a child for an abuse case
Will you be in legal trouble for child pornography? No.
The legal definition of child pornography generally requires things such as "sexually explicit conduct" or "lewd and lascivious display". ...
- 6,369
6
votes
What legal protections are there for moderators of social media who view child pornography when it is referred to them?
Section 230 (of Title 47) grants immunity from civil liability under certain circumstances, so the website is not liable to the porn-distributor for taking down their images. There are also criminal ...
- 215k
6
votes
Can someone be convicted of possessing illegal images if no evidence can be found on the suspect’s computer?
Prosecutions are commonly based on the detection of child pornography by cloud service providers. For example, United States v. Viromontes concerned child pornography found on the defendant’s Dropbox ...
- 9,178
6
votes
If somebody anonymously falsely reports that somebody on a given address has child porn, do the cops actually get a search warrant?
In order to seize or search John's computer hardware lawfully, the police would need a warrant. To obtain this they would neeed to convince a judge that there was probable cause. An unknown anonymous ...
- 114k
5
votes
Can someone be convicted of possessing illegal images if no evidence can be found on the suspect’s computer?
You can be correctly convicted if there is evidence to show you are guilty beyond reasonable doubt. So if there is nothing on Bob's computer, you have to ask yourself the simple question: Is the ...
- 34k
5
votes
Why are the owners of OnlyFans not arrested for profiting from child pornography?
Criminal liability is triggered by guilty knowledge. The people who run OnlyFans may know in general terms that it is probable that some illegal images exist on their servers, but so does everyone who ...
- 13.5k
5
votes
Child pornography and pictures of oneself
"The EU" is a lot of different jurisdictions, and laws vary between them. The following answer applies to the UK.
A: Alice is guilty of making and possessing indecent images of a child. The fact that ...
- 13.5k
5
votes
Is cub art illegal and considered Pedophilia
It depends
In the united-states
"Pedophilia" is not a legal term for the prohibited content. The relevant legal term is "child pornography"
The US DOJ offers a useful "Citizen'...
- 114k
5
votes
Accepted
Is AI child virtual porn illegal in the US?
Let's clarify the point: the material is most likely illegal per se
In the laws of many jurisdictions, the definition of child pornography extends from depicting sexual acts with a minor to depicting ...
- 39.4k
3
votes
are there any states where teenagers sending nudes to each other isn't a crime?
Blaire Bayliss reviews the law in "The Kids are Alright 😂🍆🍑: Teen Sexting, Child Pornography Charges, and the Criminalization of Adolescent Sexuality" (2020) Colorado L. Rev. 251. The ...
- 54.8k
3
votes
Does Romeo & Juliet (1968) constitue Child Porn?
Child pornography laws vary between the federal and state government, and then from state to state, as well. At the federal level, the 1968 version would not constitute child pornography.
Under 18 USC ...
- 59k
3
votes
Does Romeo & Juliet (1968) constitue Child Porn?
From the justice.gov site
Federal law defines child pornography as any visual depiction of
sexually explicit conduct involving a minor (persons less than 18
years old).
So no, the mere showing of a ...
- 134
3
votes
What is considered “production” of an illegal image?
18 USC 2251 has various provisions that outlaw "producing" child porn, and in
18 USC 2256(3) "producing" is defined as "producing, directing, manufacturing, issuing, ...
- 215k
3
votes
Why doesn't the FBI crack down on websites allowing cartoon child pornography?
The ruling that allows the ban on child pornography is based on two SCOTUS decisions: Miller v. Califorina, which legally defined "obscene" and declared obscenities to be beyond the ...
- 23k
2
votes
Accepted
Why is nudity prohibited on dating sites / social media?
As I understand them, most social media companies' policies do not actually prohibt nudity.
Twitter, for example, does not prohibit nudity, but it does prohibit "media that is pornographic or ...
- 59k
2
votes
Why is nudity prohibited on dating sites / social media?
Reason #1: They are private companies and they set their own terms of service for their users, for general user comfort, ethical or business model reasons. The terms of service users agree to when ...
- 18.8k
2
votes
Can one "possess" something without receiving or producing it?
Overview
If the visual depiction(s) involved, or any of them or any communication concerning them, or any component of them has been transmitted by the US mail, or in interstate or foreign commerce, ...
- 114k
2
votes
If somebody anonymously falsely reports that somebody on a given address has child porn, do the cops actually get a search warrant?
No one answer fits all jurisdictions. The US has fairly strong protections against arbitrary searches, owing to the Fourth Amendment prohibition against unreasonable searches. See Alabama v. White, ...
- 215k
2
votes
Can children post images of themselves that are not sexually explicit but provocative
For the United States (you didn't mention a country).
By definition, content that is not "sexually explicit" does not constitute child pornography and is not illegal. However, sexually ...
- 21
1
vote
What legal protections are there for moderators of social media who view child pornography when it is referred to them?
canada
Possession of illegal materials for the sole purpose of delivering them to authorities or destroying them is not considered to be an offence.
The same is true for e.g. a student finds a bag of ...
- 5,903
1
vote
Why are the owners of OnlyFans not arrested for profiting from child pornography?
Under U.S. Law, 47 U.S.C. § 230 (commonly known as "Section 230") provides immunity for Internet Service Providers from liability for content posted voluntarily by users of an Internet ...
- 213k
1
vote
Can someone be convicted of possessing illegal images if no evidence can be found on the suspect’s computer?
There is more than one way to skin a cat.
For example, suppose that a witness testified credibly under oath that he say Bob download the material onto his computer, and then bragged over a beer while ...
- 213k
1
vote
Can Bob be convicted by the US for viewing fictional child pornography hosted by a US site while viewing it in a non-US country?
Short Answer
It does not appear that Bob has committed a U.S. crime.
Long Answer
18 USC § 2252(2) quoted in the OP does not apply because the question states that the material does not fit the ...
- 213k
1
vote
Accepted
Liability of online service provider for illegal user content?
Disclaimer:
I'm not directly knowledgeable about which particular laws associate with this kind of issue, but I am reasonable aware of certain best practices and approaches that people take to try and ...
- 228
Only top scored, non community-wiki answers of a minimum length are eligible