AS
Bufete de abogados penalistas Alonso Sala
computerPractice Area

Child Pornography & Cybercrimes

Expert technical defense in sexual technological crimes. Forensic analysis, chain of custody, and defense against entrapment.

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Computer Defense: Beyond the Law

Child pornography crimes are not won or lost solely on legal arguments, but on technological evidence. The accusation is based on a police expert report linking illegal files to devices owned by the client. Our defense consists of breaking that causal link through a high-level computer counter-expert report.

It is not enough to say "it wasn't me". An alternative and plausible technical explanation must be offered to generate reasonable doubt in court.

historyMetadata and Trace Analysis

We examine file creation, access, and modification dates. Often, we find files with old access dates and no recent openings, supporting the thesis of "forgetfulness" or non-conscious automatic download, attacking the element of intent.

routerNetwork Vulnerabilities

The IP is not the person. We analyze router security at the time of events. If weak encryption (WEP) or default keys were used, it is technically possible that a third party used the client's network to download the material (Wardriving).

bug_reportMalware and Botnets

A computer infected by a Trojan can be controlled remotely to store and distribute illegal content without the user's knowledge ("zombie" computers). We look for traces of malware infection to exonerate the client.

fingerprintChain of Custody Break

If the police did not calculate the HASH (digital fingerprint) of the files on-site or turned on the computer without write blockers, altering metadata, we request the nullity of the digital evidence due to lack of guarantees.

Grooming and Undercover Agents

The crime of <strong>Grooming</strong> (cyber-harassment of minors, Art. 183 ter) punishes sexual proposition to a minor under 16 through technological means, accompanied by material acts of approach.

In many investigations, the person on the other side of the chat is not a minor, but an <strong>Undercover Police Agent</strong>. This investigation technique is legal but has clear constitutional limits.

Defense: Entrapment

If the agent did not limit themselves to observing, but <strong>actively incited</strong> the investigated person to commit the crime (e.g., insistently asking for photos when the investigated person hesitated), we are facing entrapment. This entails the <strong>total nullity</strong> of the procedure and acquittal.

Grooming Penalties

  • Basic TypePrison 1 - 3 years
  • With deceit/coercionUpper half
  • *Plus absolute disqualification for jobs with minors.

Sexting Among Minors: Crime or Recklessness?

A growing inquiry in our firm involves adolescents exchanging intimate photos ("nudes"). Although socially normalized, legally it can constitute production and distribution of child pornography if those involved are under 18 years old.

The Juvenile Persecution Office acts rigorously. However, our defense seeks decriminalization in cases of self-recording shared in a trusting environment between peers, arguing the absence of exploitation and the free development of personality, or diverting the case to educational measures instead of criminal ones.

computer

Why Alonso & Sala for Child Pornography?

Computer defense Art. 189 CP: break causal link illegal files + devices through technological counter-expert.

  • securityMetadata traces old file dates: examine file creation, access, modification dates. Files old access dates without recent openings = 'forgetfulness' thesis non-conscious automatic download attacking intent subjective element.
  • securityIP NOT person network vulnerabilities Wardriving: IP identifies line NOT person. Analyze router security time events. Weak encryption (WEP) default keys = technically possible third party used client network download material.
  • securityMalware botnets zombie computers: infected Trojan can be controlled remotely store + distribute illegal content without user knowledge. Look for malware infection traces exonerate client external malicious program.
  • securityGrooming undercover agent entrapment: Undercover Agent legitimate but NOT provoke crime. Agent insisted + pressured investigated send material (hesitated) = 'entrapment' total nullity procedure + acquittal. Clear constitutional limits.
quiz

Child Pornography FAQs

Is mere possession of child pornography a crime if I haven't shared it?expand_more
Yes. Mere possession is a crime under Art. 189.5 CP, punishable by 3 months to 1 year in prison or a fine. However, the defense can fight for sentence suspension if there are no prior records.
What if I downloaded the files unintentionally?expand_more
The crime requires intent (knowledge and will). If files come from automatic downloads (browser cache, pop-ups, WhatsApp groups), we defend the absence of intent. Computer expertise is key to proving the origin.
How did the police find me?expand_more
Police use tracking software on P2P networks that identifies IP addresses sharing known hash files (illegal). With the IP and time, they ask the judge to force the ISP to identify the line holder.
If I wipe the hard drive, does the crime disappear?expand_more
No. Secure deletion is difficult. Police experts can recover deleted data or find traces (metadata, thumbnails) proving files were there. Also, massive deletion can be interpreted as obstruction.
Does the IP address prove it was me?expand_more
No. The IP identifies an internet line, not the person. If several people live in the house or the wifi is vulnerable, there is reasonable doubt about authorship. Our defense explores all possibilities of third-party access.
What is 'Grooming'?expand_more
It is sexual cyber-harassment of minors (Art. 183 ter). It involves contacting a minor under 16 online and proposing a sexual encounter or sending them pornographic material. The mere proposition is punished, even if there is no meeting.
Is it legal for police to pose as a minor?expand_more
Yes, the Digital Undercover Agent is legal. However, they cannot provoke the crime. If the agent insists or pressures the investigated person to send material, there may be 'entrapment', which would annul the case.
What is 'virtual' or simulated child pornography?expand_more
The Criminal Code also punishes computer-generated (or AI) child pornography if it is realistic (pseudo-photography). However, penalties vary, and technical defense regarding the nature of the image is vital.
Will they take my computer and phone?expand_more
Yes. In the search, all electronic devices are seized for expert analysis. It can take months or years to return them. We request forensic cloning on-site to try to avoid physical seizure, although it is difficult.
What if I'm in a WhatsApp group and an illegal video is sent?expand_more
If you didn't ask for it and leave or delete it, there is no crime. The problem is if you save it, forward it, or remain in the group commenting. 'Intent' is inferred from your active behavior.
Can I go to jail if it's my first time?expand_more
For mere possession, it is rare to go to prison without a record. But if the charge is distribution (P2P) or production, sentences exceed 2 years and the risk of entry is real and high.
What is the file HASH?expand_more
It is a unique digital signature of each file. Police look for files whose HASH matches confirmed child pornography databases. If the HASH doesn't match, content must be analyzed image by image.
Does it affect my job?expand_more
Yes. Conviction entails disqualification from jobs with minors and criminal records. Also, if the crime was committed with company equipment, there may be justified disciplinary dismissal.
What is post-penitentiary supervised freedom?expand_more
It is a security measure served after prison (or instead of it). It implies judicial control, prohibition of visiting certain places or using the internet, and obligation to follow training programs.
Is watching child pornography in streaming without downloading a crime?expand_more
Yes. The Supreme Court considers that loading files into the browser's temporary memory (cache) for viewing constitutes a form of tenure or possession of the material, sufficient for the crime.
What responsibility does the cloud (Google Drive, Dropbox, iCloud) have?expand_more
Service providers automatically scan files for illegal hashes (PhotoDNA system) and report to NCMEC. If your account is blocked for this, an investigation is likely underway.
What if the minor consented to be recorded?expand_more
Consent of a minor under 16 is irrelevant. Production of child pornography (Art. 189.1) is punished with very high penalties (1 to 5 years or more) regardless of whether the minor agreed to be recorded.
Can I travel abroad if I have a record for this?expand_more
Some countries (like the US or UK) have very strict controls and deny entry to people with records for sexual offenses against minors. It is vital to consult before traveling.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

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