Abstract
This Note examines the concept of electronic possession in the field of child pornography, with the aim of reconciling the basic intuition behind possession with the reality of electronic data. Part II briefly discusses the case and statutory history that placed child pornography outside the bounds of the First Amendment and led to constitutionally valid prohibitions on the possession of child pornography. Part III sets forth the various ways in which individuals can access electronic child pornography, with a focus on the user’s level of interaction. Part IV discusses factors that the courts have considered in defining what constitutes possession of electronic child pornography and critically analyzes two leading court opinions. Part V suggests a test that can be uniformly applied to any situation giving rise to possession of child pornography and discusses how the analysis of previous cases might have been different under the proposed test.
Recommended Citation
Giannina Marin,
Possession of Child Pornography: Should You be Convicted When the Computer Cache Does the Saving for You?,
60 Fla. L. Rev.
1205
(2008).
Available at: https://scholarship.law.ufl.edu/flr/vol60/iss5/6
Included in
Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, First Amendment Commons, Internet Law Commons