Posting #181– To Delete or to Keep, That is the Question. Both are Illegal.

By:  RSOL of Virginia
Date:  12/26/2009

During the December 15 Virginia Crime Commission meeting in Richmond the topic of Sexting was covered.

An interesting debate actually began among some of the Commission members in regards to the “sexting” images as child pornography and what to do with them.

The Honorable Richard Trodden stated “if it’s just one picture, delete it and that’s the end”.
(One would hope the representative from the Commonwealth’s Attorney office actually knew what the laws are in Virginia, but sadly he did not).

As most of us know when you delete something from a phone or computer it’s not really gone, it can be retrieved, forever!

If a service technician in Virginia finds a questionable image deleted or not they are required by law to surrender it to authorities.

If you’ve mistakenly downloaded an image that could be considered child pornography, if you are e-mailed an unsolicited photo or video from someone you either know or do not know and it could be considered child pornography or if your purchase a used computer or phone from eBay that has old child pornography that you don’t even know exists because it was deleted, what should you do?

If you delete that image, you have broken the law in Virginia as an obstruction of justice and could also be charged for possession of child pornography.

If you keep that image and don’t report it, you have broken the law in Virginia and will be charged for possession of child pornography.

Your ONLY choice is to turn your phone or computer over to the authorities (U.S. Attorney) and pray that after an investigation that could very well result in charges being filed, a warrant being issued and a pricy lawyer needing to be hired that the state of Virginia will rule that you did not “intend” to possess the image.

But by then you may have already lost your job, your home, your reputation and your family.
As attorney Steven Benjamin, Counsel to the Virginia Crime Commission replied to the Honorable Richard Trodden on the 15th of December, “your life is OVER, the damage is already DONE”!

RSOL of Virginia