No, it's not common, usual amount is higher to allow for things like a pop-up or redirect, inadvertent click, etc. There have been lots of cases where someone was looking for one thing and got another.
Most stuff is charged Federally because you can get mandatory minimum and flip others.
Okay since pretty much all CP cases are charged federally, individual state laws probably won't matter too much, correct? And from what I gather, the intent to distribute is a bit more ambiguous and open to the interpretation of the examiner?
Thanks for the replies here, this is helping to shed a little more light on this subject for me.
Jason,
I wouldn’t necessarily agree that pretty much all CP cases are charged Federally. I would say there are several factors that might determine whether a case was charged Federally, but you always have to understand that the Fed’s “usually” have a threshold they want you to meet before they take a case. You might have discovered 25 images and while that may be enough for certain Federal Jurisdictions others may require 50, 100, 500 or 1000. You might want to check with your local LE or someone at the DA’s office to find out what the Feds’ need to meet their threshold.
I’m not a computer examiner, but I would think their job is to present their findings impartially. If the DA feels he/she has enough evidence to make a case for “intent” to distribute then it is ultimately the Jury that will decide that.