Can Digital Evidence Be Trusted in Computer Sex Crimes Cases?

 Posted on April 25, 2025 in Criminal Defense

If you have been charged with possession of child pornography, you may be aware of the serious nature of this crime. The state of Texas prosecutes these criminal offenses zealously, and the penalties are extremely severe. Prosecutors must present evidence that definitively proves the existence of child pornography, so these cases often revolve around digital evidence.

This digital evidence could include digital copies of child pornography materials or data that links the individual to the crime. If this data is not properly collected, the admissibility of the evidence may be challenged, and an experienced attorney will seek to have the evidence excluded. It is extremely important that you contact an experienced Plano, TX criminal defense lawyer to ensure that your rights are protected and that you receive the most zealous defense available.  

How Is Digital Evidence Collected in a Child Pornography Case?

When law enforcement suspects a person is guilty of possession of child pornography, digital evidence of the crime and the individual’s identity are usually sought through the examination of computers, smartphones, and external hard drives. Cloud storage accounts, websites on the dark web, messaging apps, and social media platforms may also be looked at. An investigator must first obtain a search warrant that allows for the search of the suspect’s home, vehicle, place of business, or other property.

Any electronic devices in these areas will be collected. Communications data warrants may be obtained, which allow law enforcement to collect information from cell service providers, online platforms, and websites. Encrypted or deleted data can be recovered using digital forensic tools. File-sharing networks may be monitored as a method of identifying those suspected of child pornography distribution.

What Is the Role of Digital Forensics in a Child Pornography Case?

It is illegal in the state of Texas to knowingly view, possess, or be in control of materials that depict the sexual exploitation of children. The precise charges and penalties in the event of a conviction depend on the volume of materials the alleged offender has in his or her possession. Digital forensics is first used to determine whether the materials actually depict child exploitation so that law enforcement officials are not required to physically go through the photos or videos.

Next, digital forensics is used to determine who created the child pornography by looking at the time, date, and location related to the creation of the individual files. If the information is reliable, it will be used to build a solid case. Investigators will use metadata to follow the flow of child pornography across the Internet, which allows them to track all those responsible for creating and distributing the photos and videos.

Certain challenges are present when using digital evidence. The chain of custody of digital evidence in child pornography cases must be meticulously tracked to determine who had access. The slightest lapse in the process can damage the integrity of digital evidence. Many digital devices or networks have multiple users, making it extremely difficult to determine who the actual creator or user is. In some cases, child pornography is sent to people via email. These people may be entirely unaware that by clicking a link, child pornography has been downloaded onto their computers.  

What Are Common Defenses Used Against Charges of Child Pornography?

Although every case is different, and an attorney will build a defense based on the specific facts and circumstances of each individual case, some of the most common defenses against charges of child pornography include:

• There was no intent – the possession was accidental.
• The materials are not actually child pornography.
• The materials do not belong to the defendant.
• The evidence was obtained via an illegal search and seizure.
• The police violated the defendant’s constitutional rights.

Contact a Collin County, TX Child Pornography Attorney

If you have been charged with child pornography, the best step you can take for your future is to speak to a knowledgeable Plano, TX child pornography lawyer from The Crowder Law Firm, P.C.. Attorney Crowder has significant experience defending the most serious criminal offenses, including federal crimes and child sex crimes. She is knowledgeable and aggressive and has secured more than 300 not-guilty verdicts and acquittals for clients. Call 214-544-0061 to schedule your free consultation.