2 ms·
I don't know about your specific laws (which are different at all levels of policing, and therefore different between states, countries, nations, etc.), but whe
by ksaj 7y ago
I don't know about your specific laws (which are different at all levels of policing, and therefore different between states, countries, nations, etc.), but where I live, we have the concept of intent built into our criminal code. Mens Rea is a term I've heard used for it in some areas.
That is to say, possession of something isn't criminal if you didn't intend on having it. If you kept it, that changes the intent of course. But you can delete it. Or report it. If you've done that, you're not criminally liable to it. There are some crimes you must report, but we're talking specifically about the possession aspect.
In that sense, if the image was found in your cell phone trash directory, but also clear that it wasn't solicited and it wasn't kept, then there was no illegal intent. You won't go to jail for being an unwitting recipient. It is a rather backward state that would jail someone in this situation.