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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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Hypothetical situation. A wife finds a flash drive in her

Customer Question

Hypothetical situation. A wife finds a flash drive in her husband's belongings and suspects it contains information that would be grounds for divorce. She quickly makes a copy of it and then returns his copy. A couple of days later she looks at the contents of the flash drive and finds hundreds of pornographic images. A dozen or so of these images are drawings or cartoons of adult men having intercourse with young boys (children). Since no actual child was harmed in these photos she opts to ask her husband to enter counseling to get help with this problem. A couple of weeks later she has received inconsistent information regarding whether these images are illegal or not and is concerned about her own culpability because she A. knew about the images and did not report them, and B. Reproduced them and is now in possession of them.
Submitted: 5 months ago.
Category: Legal
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 5 months ago.
In the situation described- are drawings and cartoons depicting adult men and children considered illegal under child pornography laws? Could the wife be charged for possessing a copy of the flash drive and not turning it over to cops?
Expert:  Dwayne B. replied 5 months ago.

It depends on a lot of factors. Drawings can be considered "child pornogrpahy" under the right set of facts and in the right place.

For purposes of this question I am assuming that the flash drive is located in Texas.

There are a number of Texas laws that could apply but the one that fits the best is Texas Penal Code 43.26. You can see it at http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.43.htm

Under those definitions even drawings can be considered as child pornogrpahy. Plus, if it is being sent over the internet, there are other state and federal charges that can apply as well.

Yes, the wife could potentially be charged. When you read the definition of "possess" it clearly covers this situation.

The wife could likely get herself out of trouble by hiring an attorney, turning the material over to them, and getting the attorney to get it to the police. If she wants to turn the husband in then she could definitely get immunity if she lets the lawyer handle it.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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