Is there a difference ?
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Is there a difference if files were downloaded and then deleted and aren't accessible anymore unless using special software compared to files that are stored on the computer and can be watched anytime ?
It depends on if forensics can locate evidence the files were there in the first place and the reasons why they were there in the first place. For example, if someone genuinely accidentally downloaded a file with images on and deleted it immediately, this would be a one off instance backed up by forensics and if the individual was unable to re-access the deleted files then technically they do not possess them but it can be a hard argument to win. Another instance is downloading something which you intended not to be iioc, say a file of music and you wasn't aware it contained iioc but again it can be difficult to argue because of the stigma around these crimes. It all depends on the evidence within the individual case and having a good legal representative to argue your case.
I went off a bit on a tangent. Effectively yes it is worse to still have the images in your possession as opposed to deleted but if forensics find evidence of multiple instances of iioc which keeps being deleted then prosecution will utilise this to make it look as though the person is sneaky etc. to portray poor character.
I went off a bit on a tangent. Effectively yes it is worse to still have the images in your possession as opposed to deleted but if forensics find evidence of multiple instances of iioc which keeps being deleted then prosecution will utilise this to make it look as though the person is sneaky etc. to portray poor character.
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