Child pornography cases are taken very seriously by state and federal investigators. This is, in part, due to the difficulty of catching individuals who make, distribute, and possess such obscene materials depicting children. These days, much of child porn lives on the internet, is sent through secured connections, and is downloaded onto people’s computers and other devices. Investigators in child porn cases often focus on finding electronic data that proves a person’s involvement with child porn.
Electronic data is not as infallible as prosecutors would have you believe. If the police or federal agents claim they have electronic information proving you uploaded, dispersed, received, downloaded, or viewed child pornography, you should call The Law Offices of Ned Barnett at (713) 222-6767 right away. You can also schedule a free and confidential consultation of your case by reaching out through the online form.
How Does Law Enforcement Gather Child Porn Evidence?
In recent years, there has been a push amongst the law enforcement and judicial systems to relabel and refer to child pornography as “Child Sexual Assault Materials” rather than pornography. These systems reason that CSAM removes the idea that this abusive material was created with the victims’ consent. There can be investigations about possessing CSAM or child pornography, which means police have various methods to search for it.
Search Online File Sharing Networks
Local, state, or federal offices will sign onto networks under an existing user’s credentials, such as those belonging to an informant, or under a false name and persona. They will search the network for shared files containing child pornography.
Once the investigators identify who has uploaded or downloaded the illegal materials, they track those users’ IP addresses, which is an electronic address roughly correlated to a physical location through an internet provider.
Use Online Personas
One way in which investigators seek out the creators, distributors, and viewers of child pornography is through creating false online personas and participating in chatrooms, discussion boards, classified ads, and more related to child pornography.
These investigators, particularly federal agents, are highly sophisticated in knowing how child porn is coded online. They know many of the keywords and phrases to look for, which may seem innocent enough, but signal that child pornography is available, or someone is seeking it out.
When an investigator identifies a username references child pornography, they will trace that username’s IP address.
Law enforcement agencies also may use online conversations they had with you – or someone pretending to be you – to establish a child porn case in court.
Subpoena Users’ Personal Information
Once an agency has a user’s IP address, they will subpoena the internet provider for the personal information attached to the IP address. This puts a name and physical location to the internet username.
Obtain Search and Seizure Warrants
Next, the agency will obtain a search warrant for the physical location. Typically, the search warrant will call for the seizure of any computer equipment and electronic devices, like phones and tablets, electronic media, personal papers and documents, and any unlawful materials pertaining to child pornography.
The police or federal agents may contact you before they have a warrant. They may have some evidence against you, but not enough to obtain a warrant from a judge. You should never let law enforcement agents into your home or answer any of their questions.
If you receive a call or an officer shows up at your home or work, politely tell them that you are happy to cooperate only after you have spoken with an attorney. Then contact a child porn lawyer right away.
Obtain Forensic Analyses of Electronics
After investigators seize personal property, they will have electronic experts conduct analyses of what the content contained on the devices. This can include current files, internet histories, logs, cookies, and deleted files. Investigators have access to forensic software that enables them to recover deleted files.
Question Suspects and Others
In most child porn cases, investigators rely on electronic evidence. However, they also will interview the alleged offender, other household members, family members, and co-workers. Incriminating testimony can significantly strengthen their case.
If you are under investigation for child pornography, it is essential that you do not speak with the police. If you are arrested on child porn charges, tell the officers that you are invoking your right to remain silent, and that you want your attorney.
What Should I Do if I’m Charged with Possession of CSAM?
A charge involving CSAM carries severe, life-altering consequences at both the state and federal levels. Because law enforcement heavily relies on digital forensics that can be flawed or misinterpreted, the steps you take immediately following an arrest or formal charge are critical to your defense.
- Invoke Your Right to Remain Silent Immediately: Do not attempt to explain the situation, deny knowledge of the files, or argue your innocence with investigators. State clearly and politely that you are exercising your right to remain silent and want an attorney.
- Contact an Experienced Defense Attorney: Reach out to The Law Offices of Ned Barnett right away. You need a lawyer who understands digital evidence, IP tracking, and forensic software to step in before prosecutors solidify their case.
- Do Not Delete, Modify, or Destroy Any Electronic Data: It is completely natural to panic, but deleting files, clearing browser histories, formatting hard drives, or discarding devices will backfire. Investigators use sophisticated forensic tools to recover deleted data, and destroying evidence can result in additional, severe felony charges for tampering with evidence or obstruction of justice.
- Do Not Give Consent for Additional Searches: If law enforcement presents a search warrant, comply with the warrant but do not volunteer access to devices, accounts, or areas not explicitly listed in the document. Let your attorney review the validity and scope of the warrant.
- Avoid Discussing Your Case with Anyone Else: Do not talk about the charges or investigation with family, roommates, coworkers, or friends. The police frequently interview household members and associates, and anything you tell them could be subpoenaed as incriminating testimony.
FAQs about CSAM & Criminal Charges
Can investigators recover files that have already been deleted from my computer?
Yes. Law enforcement agencies use highly sophisticated forensic software specifically designed to analyze seized electronics. This software can recover deleted files, fragments of data, unallocated space, internet browsing histories, logs, and tracking cookies long after you believe they have been permanently removed.
What if someone else used my Wi-Fi network to download illegal materials?
An IP address does not automatically identify a specific person; it only identifies a internet service subscription and a rough physical location. If you have an unsecured Wi-Fi network, or if roommates, family members, or guests had access to your internet connection, they may be the ones responsible for the activity. A defense attorney can investigate network logs to prove alternative access.
Is it legal for law enforcement to use fake online profiles to catch people?
Yes. Undercover operations are a primary method used by state and federal investigators. Law enforcement officers routinely create false online personas, log into file-sharing networks, and participate in chatrooms using coded language to identify individuals seeking out or distributing illicit material.
Can an IP address alone prove that I am guilty of possessing CSAM?
No. While an IP address gives law enforcement enough probable cause to subpoena an internet service provider and obtain a search warrant for a home, it is not definitive proof of individual guilt. Prosecutors must still prove that you were the specific person operating the device at the time the material was accessed or downloaded.
What should I do if investigators contact me before they have a search warrant?
If law enforcement officers show up at your home or call you without a warrant, they may be trying to gather enough voluntary statements or consent to build a case they don’t yet have. Politely inform them that you are happy to cooperate through your attorney, decline to let them inside, and contact a criminal defense lawyer immediately.
Why are electronic data and digital evidence considered “fallible”?
Digital evidence can be highly misleading. Malware, viruses, trojan horses, and automated pop-up redirects can cause illicit files to be downloaded onto a device without the user’s conscious knowledge or consent. Furthermore, shared devices and compromised networks mean the presence of a file on a machine does not automatically equate to intentional possession by the owner.
What is the difference between state and federal CSAM charges?
Because much of this material is transmitted via the internet, it frequently crosses state lines, giving federal agencies like the FBI or Homeland Security jurisdiction. Federal charges often carry incredibly harsh mandatory minimum prison sentences and strict federal sentencing guidelines, whereas state charges are prosecuted under Texas law. Both require an aggressive, technically proficient defense strategy.
Are You Under Investigation for Child Pornography?
If you have been contacted by local, state, or federal law enforcement officials in regard to child pornography, contact Houston criminal defense attorney Ned Barnett right away. Child porn cases can begin in several ways, including a person reports finding child pornography to the authorities, and through online activity. In either situation, you need a criminal defense attorney who understands how the authorities investigate these cases and how to fight back against fallible electronic data.
To reach The Law Offices of Ned Barnett and schedule a free, initial evaluation, use the online form or call (713) 222-6767.