Gagne, Scherer & Associates

Myth: Deleting a file is a defense to a child pornography charge.

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Truth: Typically, all the government has to prove is that the defendant meant to possess the file at some point. Deleting the file after accessing it is generally not a defense. There are ways to prove a defendant knowingly possessed an illicit file even if the file was deleted and then emptied from the trash or recycle bin.

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