Computer Crimes Case Study
Whether the defendant's possession of child pornography on a shared network drive constituted knowing possession.
The court reversed the conviction, finding that the prosecution failed to prove beyond a reasonable doubt that the defendant knowingly possessed the child pornography files on the shared network drive. The court held that mere access to a shared drive containing illegal files does not constitute knowing possession.
Knowing possession is an essential element of child pornography charges. D.J. Rivera challenges knowing possession in cases involving shared network drives, cloud storage, and peer-to-peer networks — arguing that the defendant did not know the illegal files were present or did not exercise dominion and control over them.
This case involves § 18.2-374.1:1 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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