Legal help
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My person has opened up and told me everything. He explained he downloaded 5 images to his phone and the rest of the time was clicking links of a group of more then 100 people on a place called "mega".
does the images he's clicked on, on this group class as an image towards his case. He has explained that most of the time he would click it straight down but he did click it. Would that auto download to his device and be used against him? Or is it just the images he's saved to his device?
any help would be so appreciated I am feeling so anxious.
does the images he's clicked on, on this group class as an image towards his case. He has explained that most of the time he would click it straight down but he did click it. Would that auto download to his device and be used against him? Or is it just the images he's saved to his device?
any help would be so appreciated I am feeling so anxious.
He can only be charged for what is on his device. Once you can see it on the screen, it's been downloaded and then it's on your device somewhere, regardless of whether it has been saved by the user or not and even deleting it so you can't see it anymore, doesn't remove it completely.
So there is no real difference between saving an image and downloading one. They both involve transferring a copy of the image from the internet to the device. In legal jargon, this is called 'making' images.
So there is no real difference between saving an image and downloading one. They both involve transferring a copy of the image from the internet to the device. In legal jargon, this is called 'making' images.
So even if he's just clicked a link on a group chat that image would be downloaded on to his device and will still be classed as prossesion or making an image?
@Unknown
That's correct and it won't make a difference if he accidently downloaded it or if he deliberately looked for this stuff.
Sorry to be so blunt (I am in the same boat)
Take care xx
That's correct and it won't make a difference if he accidently downloaded it or if he deliberately looked for this stuff.
Sorry to be so blunt (I am in the same boat)
Take care xx
Well, it might make a difference, if you can prove to a jury that it was truly accidental, and that he deleted the images staight away, because that is a defence. But proving this is not easy, particularly if the images were saved to an accessible part of the device.
If the images are on an unaccessible part, after being deleted for example, then you have a better chance, but even that is not foolproof. The prosecution will also look at the person's search history and any searches for porn, will be used to prove to a jury that it was not really accidental.
If the images are on an unaccessible part, after being deleted for example, then you have a better chance, but even that is not foolproof. The prosecution will also look at the person's search history and any searches for porn, will be used to prove to a jury that it was not really accidental.