Not only that but there is NO ACTUAL child PORN on the site so the prosecution is for intent?
Not that I am defending this program, but no one is prosecuted just for clicking on the link. Clicking on the link is used as probable cause to get a search warrant; only if the search actually turns up real child pornography is the person prosecuted.
As I understand it, they are not prosecuted for the click.
The click is used to get a search warrant. If actual child porn is then found, they are prosecuted for its possession. So presumably somebody who accidentally clicks on such a site but doesn’t actually have a collection of kiddie videos will be ok.
Unless they bring along their own stuff to “find.”
I know I have occasionally clicked something by accident. Not child porn, but some pretty unseemly stuff. You would not believe what can pop up when entering non-porn serach terms into Google Images with SafeSearch off.
Sounds like the movie “Minority Report.”
Thought crimes.
1. For whatever reason -- be it a google search or an email or some other stimulus -- you click on a link to one of these fake kiddie porn sites and attempt to download what purports to be kiddie porn files. You are somewhat disappointed to find that the files contain gibberish and no actual kiddie porn. You consider filing a complaint with the FCC for false advertising on the part of the website operator, but think better of it before actually visiting the FCC website.
2. While you were attempting to open the file you downloaded from the fake kiddie porn site, the FBI was identifying you by your ip address and preparing a search warrant based on your downloading of what you believed to be a file containing kiddie porn.
3. The warrant is approved and then the FBI visits your house and seizes your computer.
4. Upon finding actual kiddie porn on your computer via a search supported by a warrant, the FBI prepares an indictment for whatever statutes were violated when you stored actual kiddie porn on your computer (or whatever other files you might have on the computer that become evidence of some other crime).
Assuming the authorities do not find any actual illegal files on your computer, there would be no prosecution because no actual crime was committed even though the authorities believe one was attempted.