Due to the number of factors relevant to an Indecent Images charge, cases need to be judged on their own individual circumstances and merits.
Acts as simple as downloading an indecent image will amount to “making” for the purpose of the offence, rather than simply possession, the reasoning for this is that a download will “make” the image on the device it is downloaded to.
Often a crucial factor in cases of this nature is knowledge of having the indecent images on any device. Sometimes this may be argued in cases where the device is shared, for example. It is important to realise that not having knowledge, however, does not necessarily mean you will be found not guilty. Equally, being aware of the image does not in and of itself mean guilt.
Cases of this nature are particularly serious and sensitive when the image is of a child under 18. Additionally, the Court will take into account the reasons for possession of the image, and the intentions.
A conviction will lead to a requirement to sign the Sexual Offenders Register, and the facts of the case will influence any further sentence which may be passed.
If you are accused of an Indecent Image offence, you should seek legal advice immediately.
It is vital that you receive the best advice possible and provide as much detail of the facts of your case as you can to ensure the right result for you.
MK Law is on hand to help you through all stages of the process.