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Knowing Downloads

By Smith Law Offices,

I am analyzing whether a client in one of my current cases "knowingly" downloaded a certain number of images for sentencing purposes.  In researching the question I came accross this useful framework used by the 3d Circuit. More difficult is the question whether Miller received the images knowingly. Other courts, confronting this question, have deemed at least four factors relevant to this inquiry: (1) whether images were found on the defendant's computer, see United States v. Irving, 452 F.3d 110, 122 (2d Cir.2006); (2) the number of images of child pornography that were found, see id. (finding defendant's possession of 76 images relevant); (3) whether the content of the images "was evident from their file names," United States v. Payne, 341 F...continue to full post

Full post as published by SexCrimeDefender on December 18, 2009 (boomark / email).