I think this is one of those cases where what appears to be clear cut criminal activity conjures up visions of slippery slopes. E.g.:
What if he had been looking at a "teen" site where all the models were over 18?
What if he wore bottle glasses and drafted a large-print e-mail full of death threats against his enemies that he had no intention of sending?
What if he was reading about how to make a bomb?
What if he was sitting at a table writing fan fiction that may or may not infringe copyrights?
What if he was in a chat room discussing prices and markets with a competitor? ("Sir, this is your first warning. Please don't use our library to restrain trade?")
Etc.
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