Skip to main content

US Court of Appeals, 2nd Circuit Finds Possession of Child Pornography in Temporary Internet Files

By Bashian & Papantoniou
July 04, 2012

Practice Areas

Resourses

The 2 nd  Circuit held that a defendant does not have to save Internet files containing child pornography to his hard drive to be criminally liable.    The decision comes on the heels of the May 8 th  New York Court of Appeals decision which held that viewers of free online pornography are not breaking the law if they just look but do not copy, purchase, or exercise “dominion and control” over the child pornography images.   Governor Cuomo then quickly led a group of New York State legislators to prohibit the “knowing access with intent to view” sexual performances by a child.  Here, the US Court of Appeals held that under the circumstances the evidence was sufficient to prove the defendant of knowingly receiving and possessing child pornography, as “an individual who views images on the internet accepts them onto his computer, and he can still exercise dominion and control over them, even though they are in cache files.”
Category: Criminal Defense

  • Related Posts

    09 February 2026
    Why You Should Never Sign an Employment Agreement Without an Attorney’s Review
    Read More

  • Related Posts

    26 January 2026
    Defending Personal Injury Claims Against Real Property When Uninsured: A New York Property Owner’s Guide
    Read More

  • Related Posts

    17 December 2025
    Corporate M&A for First-Timers: What to Expect (Without the Jargon)
    Read More