Digital evidence plays a central role in nearly all child pornography investigations. Prosecutors rely on computer forensics, online activity records, and file-sharing data to build their cases. Understanding how this evidence is collected and challenged is critical for anyone accused of these offenses.
How Investigations Begin
Many cases start with online monitoring. Law enforcement tracks downloads, uploads, or flagged activity linked to specific IP addresses. Once identified, they request a search warrant to seize computers, phones, and storage devices.
Investigators then examine system logs, internet history, and deleted files. Even temporary or hidden files can appear in forensic reports, sometimes leading to charges when the user never intended to view or save illegal material.
Challenges With Digital Evidence in Child Porn Cases
Digital evidence can be complex and prone to error. Files can appear on a device due to malware, spam, or automatic downloads without the user’s knowledge. Forensic tools may also misread corrupted or mislabeled data.
Defense attorneys often work with independent experts to review the forensic analysis, looking for gaps in the chain of custody or mistakes in how evidence was gathered.
The Role of Intent
In Washington, prosecutors must prove that the accused knowingly possessed or viewed illegal content. That means the state must show awareness and control, not just the presence of files on a device.
If the material appeared unintentionally, through automatic downloads, pop-ups, or shared folders, proving intent becomes far more difficult.
Many people are unaware that everyday online activity (like peer-to-peer sharing or spam attachments) can cause files to be saved without their knowledge. In these situations, investigators may find traces of content that the user never opened or even knew existed.
Demonstrating that you lacked awareness or control over the material can make a substantial difference in how a case is decided.
When a defense attorney can show that files were placed automatically or accessed without deliberate action, it can introduce reasonable doubt and challenge one of the most important elements of the prosecution’s case: intent.
Why Experienced Defense Matters
Digital evidence can look technical and overwhelming in court, but it is not infallible. A knowledgeable attorney can explain how data may have been misinterpreted or improperly obtained.
If you are facing child pornography charges in Washington, call Snohomish Law Group at 425-517-3847 to speak with Scott Lawrence today.
