@MistyWaters, here is something that really bothers me about KAK's charges. Even if we disregard the interview, we do still have the search affidavit from 2/25/17. In it, you can read on pg. 3 where Det. DV talks about the 5/14/16 chat between emilyanne and another user about dropbox links. This date correlates with a few of KAK's exploitation and possession charges. That is from the iPhone 4, which Det. DV also states includes CSAM of children between ages 3 and 11 years old.
https://www.wishtv.com/wp-content/uploads/2021/12/Kegan-Anthony-Kline-PC.pdf
So here's what gets me. If KAK's device had CSAM of children between 3 and 11 years old, then why does he not have charges representing that? His 2016 charges are all F5 level with no aggravating factors. *Sidenote: he DOES have F4 level charges with aggravating factors on his 2/17/17 and 2/25/17 charges (c)(1) - does not include letter to specify.
2017 Indiana Code :: TITLE 35. Criminal Law and Procedure :: ARTICLE 42. OFFENSES AGAINST THE PERSON :: CHAPTER 4. Sex Crimes :: 35-42-4-4. Child exploitation; possession of child *advertiser censored*; exemptions; defenses
IC 35-42-4-4
(c) However, the offense of child exploitation described in subsection (b) is a Level 4 felony if:
(1) the sexual conduct, matter, performance, or incident depicts or describes a child less than eighteen (18) years of age who:
(A) engages in bestiality (as described in IC 35-46-3-14);
(B) is mentally disabled or deficient;
(C) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force;
(D) physically or verbally resists participating in the sexual conduct, matter, performance, or incident;
(E) receives a bodily injury while participating in the sexual conduct, matter, performance, or incident; or
(F) is less than twelve (12) years of age; or
So why was KAK not charged with F4 level possession charges when his iPhone4 had CSAM of 3 to 11 year olds?