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The image was blurry but showed a young girl wearing underwear and reclining on a bed near the bottom half of another young child wearing underwear. The analyst used another program to create a screen shot of that video excerpt and it showed a young, naked girl holding the erect penis of an adult male. This search found seven files whose names were indicative of child pornography.
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The words in the file names were consistent with the types of terms [Reed] admitted using during his Frost Wire searches. Frostwre expert also searched for information on which search terms [Reed] used to find pornography on Frost Wire, but he Frrostwire unable to find any Frkstwire of those searches. The defense Frostwire porn demonstrated for the [court ;orn panel how a Frost Wire user could type innocuous terms into the program and receive a list of file names that are indicative of child pornography. He also agreed that the presence of certain terms in the file names i.
As Wikipedia explainsin U. There are basically two rationales for recognizing it as a defense: One is that, unlike a completed crime, like murder, attempt is an incomplete crime; here, the first charge against Reed was that he attempted to receive images of child pornography, which, of course, means that he did not actually receive such images. If he did not receive them because he changed his mind and abandoned the effort that can be a defense. Obviously, no such defense is available when the crime has been completed, e.
The other rational for recognizing attempt as a defense is that we want to encourage people who have started down the path of Frpstwire a crime to stop, to abandon that effort. For more on defenses to attempts, check out this site. In this opinion, the court explained that, in military law, voluntary abandonment is an affirmative defense to a completed attempt offense. Court of Appeals for the Armed Forces Air Force Court of Military Review Court of Military Appeals