Computer Forensics in Child Pornography Cases

A computer forensics expert plays an important role in cases involving computer crimes, in particular those cases involving possession of child pornography.  Both the government and the defense will probably rely on the testimony of the computer forensics expert in proving their case. 

Computer forensics play an important part in child pornography cases since these case involve knowingly transporting or shipping, or knowingly attempting to transport or ship, in interstate commerce by means of a computer, child pornography, as defined in Title 18, United States Code, Section 2256(8)(A), in violation of Title 18, United States Code, Section 2252A(a)(1) and 2252A(b)(1).  Additional counts may also include  knowingly attempting to receive child pornography or material that contained child pornography, as defined in Title 18, United States Code, Section 2256(8)(A), in violation of Title 18, United States Code, Sections 2252A(a)(2) and 2252A(b)(1). 

Other related charges where a computer forensics expert may be of assistance may also include knowingly possessing or attempting to possess material containing images of child pornography as defined in Title 18, United States Code, Section 2256(8)(A) that had been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, or that was produced using materials that had been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer, in violation of Title 18, United States Code, Sections 2252A(a)(5)( and 2252A(b)(2).

A computer forensics expert will be a necessary witness after analyzing the defendant’s computer.  Can the government prove the case that the defendant intended to engage in criminal activity?  The answer may be in the defendant’s computer and a competent computer forensics expert should be there to find it.

This computer forensics example has been presented by AVM Technology, LLC,
a Computer Forensics, E-Discovery, and Computer Security consulting
company located in Richmond, VA and serving clients throughout the
United States.

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