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The leading case on Internet child porn is R v Westgarth Smith; Jayson [2002] in which it was held that 'knowingly downloading an image that was capable of being converted into a photograph on to a screen or opening an email attachment is an act of making that image'.

In simple English, all it takes for you to become a paedophile in law is ONE CLICK of the mouse. Although in practice it is unlikely that a prosecution would be mounted or succeed on the basis of one image, nobody needs this sort of trouble. So what should you do if you are sent child porn?

The advice given by the CPS to forward such spam to the Internet Watch Foundation may cause you more trouble. In the event of the police being informed, your computer becomes evidence and can theoretically be seized as such. If you do receive child porn and innocently 'make an indecent image', the best thing is to delete it at once: picture and E-mail, and make sure you also empty your wastebasket, and delete any temporary Internet files in the relevant directory. Do not under any circumstances save such an image either to your hard drive or to a floppy disk. Do not forward it to anyone or to any authority. If you feel you must report the incident, phone CrimeStoppers anonymously from a public telephone and give them details of the offending E-mail address.



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