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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69262
Experience:  Over 5 years in practice
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the police siezed my phones and computer as i made innappropriate

Customer Question

the police siezed my phones and computer as i made innappropriate comments on a chat line about a made up girl. In short i said im masturbating in my 13 year olds daughters knickers. I do not have a daughter, i said this as previously i had talked to the same woman on the chat line. she reported me. my computer is returned, however, on my phone i have images of young models posing. these are from preteen modeling sites where i have noticed on loads on sites saying, 100% legal, models over 18, these images comply with federal law. etc.etc.
non of the pics are naked or pornographic, no abuse. still images of teenagers posing. reason i downloaded images was because if i liked the look of a girl i would save to my gallery and then look for others. most of the time these pics were deleted within the hour others usually within 48hours. I like looking at pretty young women. Have i commited a crime of possesssing illegial images of a child [level 1]? my phone has not returned yet and at present no charge is against me.
Also my friend Sue hs regulary sent me pics of her granddaughter who is now 18. I ask her for pics as i think she is pretty. these pics are from facebook and completely non sexual.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Do you have any previous convictions?

Customer: replied 3 years ago.


August 2011 assult and resisting arrest of police and non payment of taxi.200 hours community service. no other convictions

Expert:  Jo C. replied 3 years ago.
Just to be clear, these are images of children and young girls but not indecent ones?
Customer: replied 3 years ago.

I dont understand the term indecent. they are not naked , they are not under 12. i downloaded pictures i considered pretty. they are in modelling poses, some you can see underwear, some wearing tights, holdups.


none show sexual activity. no abuse.

Cant be sure on ages but sites cover all ages i think but i only downloaded teenages.


I did not get sexual arousal from them, however,some models did look sexy

these sites are easily obtainable, you simply type in preteen model and loads come up.

Expert:  Jo C. replied 3 years ago.
Obviously I haven't seen the images but if they not naked or otherwise involved in some sexual act then probably they will not amount to an 'indecent image'.

An image can be indecent even if underwear is worn but generally speaking it is not prosecuted.

Level one images have been defined to include things like sexualised poses involving just one child.

A child is any person under the age of 18 for the purposes of this legislation but the practical reality is that you are only likely to be prosecuted if they are plainly under 18 - e.g pre pubescent.

Can I clarify anything for you?

Customer: replied 3 years ago.

ok sexual poses?

can you elaborate? this may sound silly but i need it clear in my head. some poses are sexy, by that i mean girl on all fours but clothed. basically sexy modelling poses.

Deffinately teenage models, some look younger than others.


The sites say things like


non pornographic.


comply with federal law etc etc.


could the police put the chat line and preteen sites together and charge me with having an interest in underage girls?


also, on my phonei put in search engines things like child porn, underage porn, preteen porn. the reason simly mordid curiosity. I didnt believe for a second anything would show due to protection and i was right! I have never been on and viewed and kind of child porn what so ever. im not on face book. it was simple no thought, type this in and see what comes up.

By attempting this process am i guilty of a crime or does this amount against me.


Expert:  Jo C. replied 3 years ago.
Are you in the uk?

We don't have federal law here.
Customer: replied 3 years ago.

yes in england


Im simply saying what ive read on some of these preteen sites. by this i get the impression that even though its immoral its not illegial.


I am a family man and this has destroyed me. All the sites have been accessed by wifi in my home. nthing outside the home.


just need this to end.


What is likely the next step for the police to be?

Will they arrest me over preteen sites?


Originally they did say if phones and computer come back with nothing then enquiry would end.

Expert:  Jo C. replied 3 years ago.
Just because a website says its lawful doesnt mean it is necessarily but from what you describe its unlikely to be considered indecent even if arguably these are erratic images.

They probably will affect the police view of the case but they cannot act on that basis alone.

They will be looking for more serious images or evidence of grooming anyway.
Customer: replied 3 years ago.

Like i say i have nothing pornographic. No grooming at all. no contact with any minor bar my sons.


Can you answer other points please regrding attempting to search and what is likely the police will do on follow up

Customer: replied 3 years ago.

did you get message

Expert:  Jo C. replied 3 years ago.
I'm not sure what you mean?

What are your specific questions?
Customer: replied 3 years ago.

because i typed in search engine child porn etc. nothing was shown but am i guity by law of attempt?


What is likely the next step for police

Expert:  Jo C. replied 3 years ago.
No, they need more preparatory action to show an attempt.

I obviously won't know what action the police will take. It depends on what they find and the facts of the case. If they don't find anything they will have to drop it.
Customer: replied 3 years ago.

i presume that in consideration my issue is minor compared to issues concerning children?

When you say anything, do you mean as opposed to what ive described?

Expert:  Jo C. replied 3 years ago.
The report that they have received will concern them.

They are only going to act if the images they find amount to indecent ones or they have some evidence of grooming and since you say they cannot then they will have to drop it.
Customer: replied 3 years ago.

Thank you

i believe that covers my points. still not sure if the term erotic posing or indecent concerns me. ? i only know that they are not sexual.


I presume the payment taken out of £33 is a one off payment? Apart from this i need no other advice

Expert:  Jo C. replied 3 years ago.
Erotic is not indecent necessarily. The law prohibits indecent images. What you are describing will cause them suspicion but probably isn't sufficient for a charge

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