It would depend on the applicable statutes. I don't know what state he is in, what states have laws concerning this kind of thing, whether there are federal laws that are applicable, or anything else like that.
I am pretty sure he wouldn't have to keep these stored on his harddrive in order to get in trouble for distributing them, just like a drug dealer wouldn't have to be caught with crack in his dresser drawer in order to get him in trouble for selling it on the corner.
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