Probably, if they kep the picture. However, if someone sends them such a picture unsolicited and they immediately delete it, then they haven't comitted a crime.
Not necessarily true. If you have viewed it,or even opened it, even if recieved erroneously, you could be prosecuted. Convicted? Not likely, but the prosecution process alone is very painful.
You said — “However, if someone sends them such a picture unsolicited and they immediately delete it, then they haven’t comitted a crime.”
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Well, I’ve heard of some law enforcement agencies scouring drives (or virtual drives) to scavenge up deleted items. If they find something that was there and deleted, I’ve heard they can charge the person. That seems sort of crazy, actually...