Accidental distribution of indecent images

[emvmrv]

If you are recording and next door someone who watches indecent material is unintentionally captured and that material gets distributed. Would the person recording get charged for distribution and would the person next door get charged with distribution or would they have to have intentionally distributed it and not just distributed it through someone else accidentally.

[atticus]

Possibly

[emvmrv]

Recording that is unintentionally picking up on audio from next door.

[emvmrv]

What is possible? That both are charged with distribution when neither of them intended and the person actually distributing it was unaware. I would assume that the person next door would get charged with possession and the person recording wouldn't get charged with anything.

[PallasAthena]

Legal definitions aside, your thread title refers to images then you say you are talking about picking up material from next door and capturing it on something you are recording. How can that happen? How do you pick up an image from next door? If you can't see it how do you know it is a prohibited indecent image?

[emvmrv]

Because I'm not sure what the audio equivalent is in legal terms.

[PallasAthena]

Is there any such offence as distributing or possessing indecent audio? I've never heard of it, but I'm not a lawyer so I suppose it might exist. The offences usually referred to concern indecent images.

[emvmrv]

So would neither person be charged with distribution? I assumed it would be against the law to distribute indecent audio.

[atticus]

images are not audio, although videos may have audio content.

[emvmrv]

I am referring to video with audio content or audio being recorded.