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QLD Illegal to Accidentally View Pornography Online?

Discussion in 'Criminal Law Forum' started by Worex, 21 August 2016.

  1. Worex

    Worex Member

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    Hello,

    I was on the deep web, just looking through wikis and safe information websites when I stumbled upon a link that I accidentally clicked and was directed to a website. I wasn't sure of the website's content as no images had loaded. I don't know what button I pressed and Images were shown. I closed the website immediately, cleared my cache and temp files, and shut down my machine.

    Is it illegal to accidentally view such things? The Criminal Code isn't very clear regarding these pornography issues.

    Any help would be great!

    Thanks!
     
  2. Rod

    Rod Well-Known Member

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    Based on the actions you say you have done, you have not committed a crime.

    Possession of any images is a crime, so hopefully your system is clean.

    Possession, making and distribution are all illegal; deep web or surface web makes no difference to your guilt or innocence.
     
  3. John Thorton

    John Thorton Well-Known Member

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    No it is not. QLD Court of Appeal says this.
     
  4. Iamthelaw

    Iamthelaw Well-Known Member

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    Not entirely correct.

    To the original poster - I proceed on the assumption that the images in question appeared to be that of minors? There is both state and Cth legislation that deals with CP offences. The main difference between the two is the definition. The main point across both is that even merely accessing such pictures will constitute possession.

    This type of stuff is frequently discovered after a raid whereby a computer is seized. Police use a variety of computer forensic programs to analyze the entire contents of the hard drive which contains any item that was ever viewed even if it hasn’t been saved. This means that even photographs which have been looked at simply as a matter of curiosity will then be downloaded by the police into a separate file to be provided to the Court, as evidence of possession of CP.

    Clearing your cache and temp files will do little, if anything to thwart this. Moreover, depending on the name and title of the actual link and website in question, the Crown would likely contend that you knew of what was likely to be on the site and your actions following such visit show a consciousness of guilt.

    My opinion for you is don't go on an exploration, clicking on links, of a particular part of the internet that is well known for, and littered with CP.
     

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