sexual contact (mouth to penis), and another they say involves a lascivious exhibition. If it had been just two images, he might have been eligible for the affirmative defense where he could have said he obtained CP by accident and tried in good faith to delete it.

Idk, the more I think about it, the more it seems likely that he's probably going to get convicted of CP possession, unless he can say that he downloaded a huge ZIP file that had a whole bunch of child erotica, and then he unexpectedly discovered that there was also some CP in there. Or that someone borrowed his phone, or something like that.

If there's at least a somewhat plausible defense, then if there's one person on the jury who's sympathetic to him, and willing to stick to his guns, then the jury might hang. Now that I think about it, maybe a jury trial would be better than a bench trial, because the judge might think, "If I let this guy off, then all kinds of other CP defendants might claim there's reasonable doubt in similar circumstances."




• ( https link ) 18 U.S. Code § 2252A. Certain activities relating to material constituting or containing child pornography
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