How Investigators Gather Evidence In Child Porn Cases & How It Can Impact You Before You’re Even Charged

Key Steps In Child Porn Investigations: Undercover Work, Device Searches & Their Impact

When it comes to child pornography cases, both federal and state agencies treat these investigations as a high priority, dedicating significant resources to track down and prosecute those involved. While the focus on protecting minors is clear, what’s often left out is how the investigative process and the serious effects it can have on a person’s life, sometimes long before any charges are filed.

Investigators use digital clues to piece together these cases, but following an online trail isn’t always simple. They often look at things like IP addresses and browsing history to connect online actions back to specific people. But digital evidence can sometimes paint the wrong picture, and mistakes do happen. For someone under investigation, the stress alone can be life-altering, affecting their work, relationships, and mental health, even if they’ve done nothing wrong.

In this guest article, we’ll walk through some of the steps law enforcement typically takes in these cases, from undercover online work to searching devices, and explore how these actions can impact anyone caught up in an investigation, whether they’re involved or mistakenly identified.

Law Enforcement’s Process In Gathering Child Pornography Evidence

Being accused of making, distributing, or possessing child pornography can impact your life in many ways, especially when it comes to the stigma surrounding sex crimes. Because finding evidence of your involvement can be challenging, investigators have several strategies:

Using Personas To Search Online File Sharing Networks

Child pornography is often shared through networks where individuals can create profiles, talk in discussion boards, and share ads and other information. While these networks may seem innocent enough, there can be codes the network users use to indicate what they have or what they are looking for. 

Investigators have in-depth knowledge when it comes to the codes used on networks for those seeking or distributing child pornography. They create fake profiles, posing as someone seeking or selling child pornography. Once they identify a username that is engaged in the illegal act, they can track down the IP address. 

Using The IP Address For Personal Information

An IP address is assigned to every device, including phones and tablets, so that devices can communicate to each other. The IP address is what allows information to be sent to the right computer or other device.  IP addresses can act as a location address for devices. 

When a user downloads child pornography to their computer, investigators can get ahold of the IP address of the computer they used. Using a court order, they can then track down the location of the device that downloaded the illegal content by having the Internet Service Provider help them. If the investigator does not obtain the personal information connected to the IP address through legal means, your sex crime attorney can use this for a defense. 

Obtaining a Search & Seizure Warrant

Once the investigator has determined your location and personal information, they will obtain a search and seizure warrant, allowing them to take possession of your devices. Although investigators and law enforcement need a warrant to search your personal property, it is possible they will contact you before they obtain a warrant. In these cases, it is essential that you do not allow them to enter your home or answer any questions without a warrant. Even if you are innocent.

If you are contacted by law enforcement or a search and seizure warrant has been presented, contact your Gilbert sex crime attorney right away and refrain from speaking. 

Analyzing The Devices

After the investigator obtains your devices, they will send them in so that electronic experts can take a look at them for evidence. The analysis will provide them with a comprehensive look at the contents of your device. The content that they can access through this process includes:

• Current files
• Internet histories
• Logs
• Cookies
• Deleted files

Questioning Those Involved

While the majority of evidence for child pornography is found through electronic evidence, investigators and law enforcement may also pursue questioning of suspects. They may question you, your household members, family members, co-workers, and friends. Any testimony that can be incriminating can be used against you.

If you are approached by an investigator asking questions, you should remain silent and contact a sex crime attorney right away. Your attorney will advise you in the best steps forward and will represent you through the entire process.

Penalties & Sentencing For Child Pornography Convictions In Arizona

When it comes to child pornography, the penalties vary depending on the circumstances. In general, if you are charged with possession, it is a Class 2 felony and can result in a minimum of 10 years per image as well as fines and sex offender registration. 

For those charged with distribution, production, or sale, they will also be given a Class 2 felony, but the consequences will be harsher than possession. 

Legal Defenses Against Child Pornography Accusations In Arizona

Whether you’re accused unjustly, your rights were violated, or you are given heftier penalties than you deserve, a sex crime attorney can help you find the evidence necessary for a solid defense. Some possible defenses include:

• Lack of knowledge
• Unintentional possession or access
• Mistaken identity or IP address
• Insufficient evidence
• Illegal search and seizure
• Lack of intent to distribute or share
• Age verification of the individuals in the content

This blog is courtesy of Davidson Criminal Defense & DUI Law Firm, a respected criminal defense law firm with over 20 years of experience and more than 100 jury trials completed in Phoenix, including cases involving sex crimes.