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Distribution of images

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whyus

Member since
May 2019

56 posts

Posted Thu June 27, 2019 9:25amReport post

Does any one have any knowledge about the difference in the sentence between just viewing images and viewing/distributing images of child abuse?

Ive been to see a solicitor and he has said that its the distribution which can make a sentence "worse".

We got the knock nearly 3 months ago and he was arrested for viewing, making and distributing 1 image but they will find hundreds on the devices they took and he was honest and told them that. They will prob all be cat C images. Then they will also find hes also viewed cat A, B and C images and videos on the dark net- A "handful" apparently.... I still feel sick to my core even writing all of this.

Hes denied distributing as he said they were automatically uploaded to the server from an app he used.... but if he pleads guilty to the rest of it; he pleads guilty to all charges including distibution.

I have not seen anyone mention distribution of images so im unsure where to find advice. I need to plan and want to be fully aware of what could happen.

SallyBlue

Member since
March 2019

252 posts

Posted Thu July 25, 2019 4:12amReport post

Unfortunately distribution includes automatic uploads. My husband used a sharing style app that automatically shared files. He was charged for possession and distribution. The distribution was only classed and 1 count of. Even though there were several.

Like previously mentioned it depends on the day, the judge, the area etc. Our luck was bad as my husbands solicitor went on holiday leaving him with someone he didnt know. There was someone on our street with the same charges but got an order whilst my husband went to prison. Different judges and different times. My husbands case was right in the middle of all the historic abuse cases in the media with celebrities. That did not help apparently.

nicenana

Member since
March 2019

243 posts

Posted Tue July 30, 2019 5:22pmReport post

Hi

our son was convicted of communication with a 14 to 15 year old. The girl willingly sent him pictures which somehow uploaded. I’m not a computer person but solicitor told me this happens automatically. Anyway, as well as communication offence he was charged with distributing the images of her. Son was sentenced to one year in prison which is where he is now. Solicitor told us that it was the distribution that got him put in prison. Apparently here in Scotland distribution is worse than viewing or communication. It’s not right what he did and I don’t agree with it in any way but I’m grateful it was not child abuse videos etc. Round here I’m not sure the community would settle down had it been child abuse videos etc. Life was bad enough when it all first came out. Thankfully we have found a new normal but what will happen in the community when he comes home to ours is anyone’s guess. I do know that even if it comes out in our new area we will somehow stay put as we can’t keep up ping and moving.

Big sigh

Member since
December 2018

244 posts

Posted Sun August 4, 2019 1:54pmReport post

It’s when I read these posts that I realise that I am not at all tech savvy. What is an automatic upload? And where does it get uploaded to ?

nicenana

Member since
March 2019

243 posts

Posted Sun August 4, 2019 2:47pmReport post

Hi

i sort of learned about automatic uploads through trying to understand my sons case. Apparently if you have a cloud account (millions do) anything pics you open will automatically store to there. I had no idea of this until my sons case. I had no idea I even had a cloud account far less it stored pictures u TIL my daughter showed me it. When she showed me mine I was astonished to realise that every picture I’d taken or viewed was stored in there. Even pictures of toys I’d looked at for my grandson had stored as well as every picture I’d taken with my mobile phone. Like most people I have nothing to hide so it’s not an issue but it’s scary to think I had this thing without even being aware I had it. I still have no clue how I got it. Daughter says it happens automatic when you sign up for bla bla but god knows. What I’ve learned is, there is no way of hiding what your doing online whether it’s within the law or not. Does this bother me? No, I do no wrong on the the internet so don’t have to worry. That said, it does concern me that we seem to now have no privacy whatsoever anymore from the moment we start typing something on the internet.

Big sigh

Member since
December 2018

244 posts

Posted Sun August 4, 2019 4:32pmReport post

Hang on a sec. so does that mean if someone has downloaded an indecent image which is then saved onto the cloud (which only that person has access to, nobody els) the. that is classed as distribution?e

nicenana

Member since
March 2019

243 posts

Posted Sun August 4, 2019 11:22pmReport post

Hi

No. The cloud stores the images so if the image was indecent you’d be done for downloading it. Distribution from what I can gather is all about whether other people can access the picture. If your contacts can access any picture technically you are distributing it. That’s how I had it explained to me. It’s all seriously technical and is scary for people like me who are not great with technology.

Rainbow

Member since
January 2019

282 posts

Posted Mon August 5, 2019 9:31amReport post

My husband's phone automatically saved all images he had viewed, including normal ones. The court agreed that this happened so he was charged with viewing only and not possession. However if theres people out there that have viewed 100s but they only get stored in temp files. Does that mean their case is dismissed? They have still viewed etc. This is a grey area but I still dont agree. My husband viewed 26 images and got charged. Doesnt seem fair he someone else views the same or more but gets dismissed if only in temp files