Josh Duggar charged with Receipt/Possession Child Sexual Abuse Material, 29 April 2021 #2

[Peppery]

Thread #1
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Josh Duggar Arrested, Being Held in Jail in Arkansas

Josh Duggar has been arrested and is being held without bond in an Arkansas jail.

The former 19 Kids and Counting star was taken into custody by the U.S. Marshals Service on Thursday. Online jail records do not indicate what charges he was arrested on when he was booked


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I hope this is not SA related again

 

[Tiff23fr]

Mod Note:
I know this is an emotionally charged thread, but please keep in mind the thread is about Josh and his actions. Posts that continue to discuss family members that have not been named as a POI in this case will be removed.

A reminder of the rules can be found below. The Rules

VICTIM FRIENDLY

Websleuths is a victim friendly forum. Attacking or bashing a victim is not allowed. Discussing known victim behavior, good or bad is fine, but do so in a civil and constructive way, and only when such behavior is known to be relevant to the case.

The "victim friendly" rule extends to the family members of victims and suspects. Sleuthing family members, friends, and others who have not been designated as suspects is not allowed. Don't make random accusations, suggest their involvement, nor bash and attack them. Posting their personal information, including names, addresses, and background data -- even if it is public -- is not allowed. That does not mean, however, that statements made by family members and other third parties cannot come into discussion as the facts of the case are reported in the media.

 

[Tiff23fr]

Mod Note and Friendly Reminder:

-Stick to Josh and HIS Actions
-No bashing family members not named as a POI in this case
-Cease the religion specific references and/or blaming
-No links to gossip tabloids

 

[usnuzuloose]

Mod Note and Friendly Reminder:

-Stick to Josh and HIS Actions
-No bashing family members not named as a POI in this case
-Cease the religion specific references and/or blaming
-No links to gossip tabloids

Thank you

 

[tayaway]

A note on sharing CSAM files. Josh Duggar used a person to person p2p bit torrent to download CSAM. That's when LE moved on him. Why? ETA for clarification: He got nailed for downloading and possessing. Multiple people have commented asking how did he share, who did he share to? How can you prove that he shared those files? How did LE know that he downloaded the file?

Client server: We send out communication and files through our one computer, which goes to a central server. The up/download takes place between those 2 devices. If the server goes down, so does the up/downloading.

p2p: There is no central server. A network of computers that are currently up/downloading the file are sharing it at the same time, to cut down on time. The more devices connected, the faster the process.

He used p2p and downloaded a file flagged by LE as CSAM. Once the file or part of it was downloaded on his computer, the p2p program automatically started uploading it to other computers.

We don't know if he streamed CSAM all these years. As Sweatergirl mentioned, she knew somebody who streamed but it wasn't until the person downloaded that the LE moved. When you stream, the file is not downloaded onto your computer. We do know that he had 2 operating systems (os) on his computer and that his family and friends were not aware of the 2nd one, which contained the p2p bit torrent and the CSAM material.

Here's a roughly 3 minute youtube vid that shows how p2p works.

 

[Zella]

I could be wrong but I don't think the basis for downloading being a crime is that it shows intent to share. Possession itself is a crime, regardless of how it is acquired. He could very well have wanted a copy solely for personal offline use, and it wouldn't matter because possessing it is a crime.

From what I have read, the significance (beyond it tipping off law enforcement) is that they can prove how he acquired the file because of the download, which is why he is being charged with receiving, in addition to possession. IMO

 

[SweaterGirl]

I could be wrong but I don't think the basis for downloading being a crime is that it shows intent to share. Possession itself is a crime, regardless of how it is acquired. He could very well have wanted a copy solely for personal offline use, and it wouldn't matter because possessing it is a crime.

You are likely correct; I only know how it was explained to me in the one case I know of. However, downloading would necessarily prove possession, whereas viewing/streaming doesn't. That may be why the law was triggered.
On that topic, So what is the difference in the criminal definitions/separate charges, then, for "receiving" vs. "possessing," since I can't see possession without either receipt or producing, or both? Wasn't Josh charged with both counts? How does one distinguish itself, legally, from the other?
I see you did make this distinction in your post. I would like to know more about the distinctions/differences (if any) in severity in the eyes of the law.

 

[Zella]

You are likely correct; I only know how it was explained to me in the one case I know of. However, downloading would necessarily prove possession, whereas viewing/streaming doesn't. That may be why the law was triggered.
On that topic, So what is the difference in the criminal definitions/separate charges, then, for "receiving" vs. "possessing," since I can't see possession without either receipt or producing, or both? Wasn't Josh charged with both counts? How does one distinguish itself, legally, from the other?
I see you did make this distinction in your post. I would like to know more about the distinctions/differences (if any) in severity in the eyes of the law.

I hope someone with more legal knowhow than me chimes in! I was personally confused by the distinction until it was explained to me on another site in terms of possession = we can prove you have it and receiving = we can prove how you got it. And that makes sense to me, but I have no clue how that practically works within the legal system.

I do think receiving is considered more severe legally because it has a mandatory minimum for sentencing and possession doesn't. MOO

 

[tayaway]

I could be wrong but I don't think the basis for downloading being a crime is that it shows intent to share. Possession itself is a crime, regardless of how it is acquired. He could very well have wanted a copy solely for personal offline use, and it wouldn't matter because possessing it is a crime.

From what I have read, the significance (beyond it tipping off law enforcement) is that they can prove how he acquired the file because of the download, which is why he is being charged with receiving, in addition to possession. IMO

Thanks for this, I edited my post, since it's about how he downloaded and shared files, rather than the charges (downloading and possessing) he faces.

 

[Zella]

Thanks for this, I edited my post, since it's about how he downloaded and shared files, rather than the charges he faces.

Your description of how the servers work was super helpful!

 

[killarney rose]

Yes, it’s been confusing trying , thank-you.

 

[Scrapper18]

I am unfamiliar with the full workings of the legal system. I know this case is set for trial in July. IF there is going to be a plea deal, will it occur before July? Thanks.

 

[usnuzuloose]

I am unfamiliar with the full workings of the legal system. I know this case is set for trial in July. IF there is going to be a plea deal, will it occur before July? Thanks.

Plea deals are up to the State. I would be surprised if they offer him one

 

[Scrapper18]

Plea deals are up to the State. I would be surprised if they offer him one

I had thought someone on the first thread posted an article stating most federal cases are plead out. I’m going on memory here though. This one is a federal case.

 

[jessarox]

I am unfamiliar with the full workings of the legal system. I know this case is set for trial in July. IF there is going to be a plea deal, will it occur before July? Thanks.

Possibly but the defense can file a motion to continue and push the trial back. They can do this multiple times. Someone I know who was in federal court earlier this year (for a similar but different charge) had their public defender file 4 motions to continue before he finally plead guilty.

 

[Scrapper18]

Possibly but the defense can file a motion to continue and push the trial back. They can do this multiple times. Someone I know who was in federal court earlier this year (for a similar but different charge) had their public defender file 4 motions to continue before he finally plead guilty.

Wow. I think these crimes are some of the worst. On one hand I’d like to see him serve the max sentence. On the other hand, I’d like to see him take a plea IF he can hand over some type of evidence to put away those who are producing and distributing. And, I’d like to see it all done quickly. JMO

 

[Gibbo214]

Wow. I think these crimes are some of the worst. On one hand I’d like to see him serve the max sentence. On the other hand, I’d like to see him take a plea IF he can hand over some type of evidence to put away those who are producing and distributing. And, I’d like to see it all done quickly. JMO

Some of the stuff he was downloading is years old and people are in jail because of it, but because people like him keep downloading it off the dark web, and sharing it, it is still in circulation. He is one of the ones keeping it going and he deserves the full force of the law.

 

[IzzyBlanche]

Some of the stuff he was downloading is years old and people are in jail because of it, but because people like him keep downloading it off the dark web, and sharing it, it is still in circulation. He is one of the ones keeping it going and he deserves the full force of the law.

The child is re-exploited every time someone new "enjoys" their victimization.

It's like a cruel and depraved opposite of "every time a bell rings, an angel gets his wings."

 

[usnuzuloose]

Once these things are on the internet, no getting it off. So with children involved I want people prosecuted.

 

[KALI]

I will never understand such evil. What on earth would make any human want to enjoy the suffering of children?
*there are really bad people in our world Don't be fooled by their normal looks.
That is the lesson here. Imo.