Defending Possession of Child Pornography

Recent developments in federal case law suggest that child pornographic images contained in a computer’s cache files and temporary internet files might not be properly charged against a person found in possession of the computer – without some other evidence the person knowingly exercised care, custody, control, or management over the images.

The courts have made it plain that a person knowingly possesses child pornographic images when they seek out images over the Internet and then download them to their computer. However, when a person accesses a web page, the web browser will automatically download that page into the temporary internet files. When the temporary files get full, they spill excess saved information into the deleted temporary internet files. All of this goes on without action (or knowledge) of the computer user. A sophisticated user might know this is occurring, but most computer users do not even know these images are on their computer.

An experienced Computer Crimes Defense Attorney can develop evidence favorable to your defense in cases where the police find illegal images on your computer. Contact Stephen Gustitis immediately to begin the preparation of your defense.


Visit my Bryan-College Station Criminal Defense Blog for other posts about criminal defense and trial advocacy.


Stephen Gustitis is a criminal defense lawyer in Bryan-College Station. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization. He is also a husband, father, and retired amateur bicycle racer.


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By |2018-05-30T18:01:03+00:00January 23rd, 2013|Categories: Sex Offender|Tags: , , |0 Comments

About the Author:

Stephen Gustitis has practiced criminal law exclusively since 1990. First as an assistant district attorney with Brazos County and then in private criminal defense practice. He is Texas Board Certified in criminal law.

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