What should a family law attorney do if, in the midst of a divorce or custody case, the client reports that a spouse has downloaded pornography onto the family computer? This question raises a number of ethical and strategic problems—including serious criminal law exposure.
Possession of pornography, in general, is not an illegal act. What’s illegal is possession of child pornography. For your own protection and your client’s, if it is even a close call, treat it as if it’s contraband.