Originally Posted by chadknowslaw
It must be proven that you were using it and not reporting it--not the other way around.
Here are some points I would consider before filing charges:
How many images are stored?
How many times did the suspect visit CP sites?
What actions did the suspect take after viewing the sites?
So, if you get a piece of spam, click on the link and see it is CP, then you send me an email with the link or you report the site right away, you are not in any danger of being charged with CP possession. However, if you decided to "gather evidence" by visiting the CP site 8 times a day and downloading 1000 images, and then decided to "report" it 3 months later, well, in legal terms I would say you are fucked.