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I recently read something online about someone who claimed they were helping their father with handling the estate of his recently deceased uncle and discovered their uncle's laptop contained a large quantity of 'illegal images', from context I presume he meant child pornography.

The writer states they were uncertain what to do legally. They were afraid deleting everything would possible constitute destroying evidence, and that it wouldn't really delete everything if he just did a normal delete. However he was afraid that turning in the laptop to the police would get him arrested for possession of the images.

In the USA what would the legal responsibility be in such a situation, and how would one best protect themselves from the risk of an overzealous prosecutor attempting to pin them with a crime?

The thing I read didn't clarify what state the writer lived in, so I suppose pick any state you want for discussing state laws?

dsollen
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3 Answers3

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Contact their lawyer

AFAIK all jurisdictions have an innocent possession defence, but if the optics don’t look good, a zealous police officer or prosecutor may bring charges, and they may be successful. Go straight to your lawyer, do not pass Go, do not collect $200; or you might end up going straight to jail.

First, your lawyer can give you advice or refer you to one who can. Second, your conversations with your lawyer are privileged, so they can’t be used in court unless they and you think it’s a good idea.

Don’t delete them - they are evidence of at least one crime, and even though the owner of the laptop is dead, other criminals aren’t. Tampering with evidence is a serious crime in itself.

Dale M
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There is an "innocent possession" defence where there is no blameworthy state of mind in coming into possession of the material, and where continued possession is solely for the purpose of delivering the material to authorities. See R. v. Chalk, 2007 ONCA 815 at paras. 24–25 (internal citations removed):

The "innocent possession" line of authorities was helpfully examined by Green J. Green J. points out that some of the "innocent possession" cases recognize a public duty defence as for example where an accused takes possession of contraband to deliver it to the authorities. In other cases, "innocent possession" is said to arise from the absence of an intention to exercise control beyond that needed to destroy the contraband or otherwise put it permanently beyond one's control. Green J. observes that in all of these cases there is, despite the existence of possession in the strict sense, an absence of a blameworthy state of mind or blameworthy conduct. Convictions for criminal possession by a technical application of the concepts of knowledge and control in these circumstances would overreach the purpose underlying the criminal prohibition against possession.

I agree with the analysis described above. There are cases where an individual has the requisite control and knowledge, but cannot be said to be in possession for the purpose of imposing criminal liability. These cases will include cases in which a person takes control of contraband exclusively for the purpose of immediately destroying the contraband or otherwise placing it permanently beyond that person's ability to exercise any control over the contraband. In such cases, the intention is solely to divest oneself of control rather than to possess. Like the other appellate courts whose discussions are referred to above, I do not think that criminal liability should attach to that kind of brief, "innocent" possession.

Jen
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Contact a lawyer (the notary handling the inheritance might be able to act in that capacity or assist you) and probably the police as well (in case of CP this might automatically be the FBI in the US, not sure).

You identified CP in your possession, in many countries you're now in serious legal trouble (potentially) even if you weren't aware of the CP when you took possession of the device containing it (heck, even if you weren't aware it was CP you'd be in trouble in the EU, where you could in theory at least go to prison if someone sent you some CP in an anonymous text message, and then (using another anonymous phone) notified the police that you have it. Related but not identical: in the Netherlands (where prostitution is legal) customers went to prison when the prostitutes they visited turned out to have been minors, even after both they and the prostitutes testified under oath that ID cards showing the prostitutes to be adults had been provided, the IDs obviously having been fakes, child sexual abuse is taken that seriously here).

By handing it over as soon as possible to authorities you do the only thing an innocent recipient can do that makes them look innocent and cooperative. In the US, I'd contact the most senior law enforcement agency in your jurisdiction after contracting a lawyer, and with that lawyer go there and hand over the laptop and testimony as to how it came into your possession.

jwenting
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