Digital Evidence and Computer Forensics in Child Pornography Cases

In most child pornography cases, digital evidence is at the heart of the prosecution’s case. Investigators rely on images and videos found on computers, phones, USB drives, and cloud accounts to build charges. But just because something was found on a device doesn’t automatically mean the person accused is guilty.

That’s where computer forensics becomes crucial. Digital forensics experts can uncover important details about how files got there, who accessed them, and whether they were opened, shared, or planted. A strong defense often begins with questioning the reliability and interpretation of digital evidence.

One of the first issues is ownership and access. Many people share computers at home or work. If a device has multiple users, it can be difficult to prove who downloaded or viewed a file. If the device was stolen, borrowed, or hacked, someone else could have placed the content there.

Another key issue is whether the files were ever intentionally accessed. Modern operating systems often create thumbnail images or automatically cache files, even if the user never opened them. These artifacts can appear in forensic reports and look suspicious—but they don’t necessarily prove guilt.

Some files are downloaded through peer-to-peer software or embedded in websites without the user’s knowledge. A person may click a misleading link or open a mislabeled file with no idea what it contains. If the user deletes the file immediately or never opens it, that’s important evidence in their favor.

A skilled digital forensics expert can also examine the file creation dates, access logs, metadata, browser history, and download paths to determine whether a file was manually saved or automatically placed by software or malware. In some cases, viruses or remote-access programs have been used to plant illegal material without the person ever knowing it was there.

The chain of custody is also vital. If law enforcement fails to properly log, handle, or store a seized device, the defense can question whether the evidence was altered or compromised. Even small errors in how digital evidence is preserved can weaken the prosecution’s case.

Prosecutors often assume that the presence of illegal material is enough to convict—but that’s not how the law works. The burden is on the state to prove that the accused knowingly possessed or distributed the content. Digital evidence can be challenged—and in many cases, it is misunderstood or misrepresented.

At the Law Office of Matthew V. Portella, LLC, we work with experienced forensic specialists who can uncover weaknesses in the government’s case. If you’ve been charged in a child pornography case, don’t assume the digital evidence is airtight. Contact us today for a confidential consultation and start building a defense that protects your rights and your future.