Child Pornography Definition

3. Question Three: Child Pornography
3.1. Legal definition of child pornography

According to the Films and Publications Act 65 of 1996, child pornography includes: “any image, however created, or any description of a person, real or simulated, who is, or who is depicted or described as being, under the image of 18 years –
(i) Engaged in sexual conduct;
(ii) Participating in, or assisting another person to participate in, sexual conduct; or
(iii) Showing or describing the body, or parts of the body, of such a person in a manner or in circumstances which, within context, amounts to sexual exploitation, or in such a manner that it is capable of being used for the purposes of sexual exploitation; (Definition of “child pornography” inserted by

This will be explained in the subsections that follow.
3.3. Computer cache files
3.3.1. Definition of cache files
Cache in computing terms describes a place on a computer that is implemented to temporarily store data in a computing environment.
On a typical computer device, active data is usually cached in order to speed up access time for when the data is accessed again. Caching is used to improve performance of applications that deal with input and output of data. A good example of cache technology is an internet browser – caching is used when one initially accesses a web page for the first time. Data extracted from that web page is stored on the computing device, and is used the next time the user accesses that page so that the page can load faster than it did before.
3.3.2. Cache files as evidence
Mr Pervert engaged in child pornography by accessing it over the Internet. Over the last 10 years, this platform has become the most popular means by which individuals engage in child pornography, and even communicate with other individuals with the same interest. This transition into online activities has however proven to be also fruitful for computer forensics

Case law
United States V. Tucker was a significant case in terms of deciding whether images located in a cache are sufficient to show knowing possession.
Jeffrey Tucker; who was on parole at the time, was accused of possession of child pornography after parole officers discovered what they suspected to be child pornography on his computer. Tucker’s computer was seized taken to the local police, where a forensic examination was performed.
The analysis done on the hard drive revealed numerous images of child pornography located in the Internet browser cache, recycle bin, and the computer hard disk. When Tucker was questioned about the findings, he admitted to viewing several hundred images of children engaged in sexual acts. Tucker further confessed to deleting his computer 's cache after viewing the pornographic images because it was just something "he always did”. Based on the evidence that was found and Tucker 's admissions, Tucker was formally charged with knowingly possessing of child pornography under the American statute 18 U.S.C. §