Q: Someone sent my friend child pornography. Can we report this without her being charged for possession? Should we delete?
My friend was sent child pornography by someone who is actively targetting her over a messaging software. If we report this to authorities, can she get in trouble for possession of it if it's seen in her DMs during investigation? She has not saved, nor sent these images to anyone. We need to know if she has to delete the conversation first so that she isn't in trouble for possessing it via private messages. She lives in California. Can someone please help?
A: Innocent, unwanted receipt of such materials, based on the facts, may be a defense to the crime. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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