N.D.Ohio: Received CP rarely gets stale

The offense of receiving child pornography rarely gets stale, and here it didn’t. Here it was images from a young girl the defendant sought. United States v. Brackman, 2022 U.S. Dist. LEXIS 118020 (N.D. Ohio July 5, 2022)*:

These four factors “point toward freshness in a typical child pornography case: ‘child pornography is not a fleeting crime’ but rather ‘carried out in the secrecy of the home and over a long period’ (the first, second, and fourth factors); and ‘images of child pornography can have an infinite life span’ when traded digitally (the third factor).” Williams, 787 F. App’x at 878 (quoting Frechette, 583 F.3d at 378-79).

These general pronouncements are specifically true in this case as well. The warrant affidavit states Brackman obtained a video of a nude minor as the result of online conversations over a 20-day period in which he repeatedly asked her to send him nude pictures. According to IP logs, these conversations took place while Brackman was in his residence in Delta, Ohio. Further, the affidavit states “[t]he majority of individuals who collect child pornography rarely, if ever, dispose of their sexually explicit materials,” (Doc. No. 31-1 at 6), and that it is possible “to recover even hidden, erased, compressed, password-protected, or encrypted files.” (Id. at 4).

Taken together, these four factors support the conclusion that the information contained in the affidavit was not stale. …

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