While the cached file might be in a «place» over which the computer user has control, in order to establish possession, it is necessary to
satisfy mens rea or fault requirements as well.
The statute on its face lacks a
mens rea requirement, but that omission brings into play and is cured by another law that plainly
satisfies the requirement laid down in Ferber that prohibitions on child pornography include some element of scienter.
Satisfying the elements of a case that require mens rea is, on average, more expensive to pursue than satisfying the elements of a case that need only show negligence or strict
Satisfying the elements of a case that require
mens rea is, on average, more expensive to pursue than
satisfying the elements of a case that need only show negligence or strict
satisfying the elements of a case that need only show negligence or strict liability.