An acquaintance of mine has been sitting in County for five months so far for this with no trial, just a two minute pleading of not guilty in front of a judge.
He selected all of the top downloads on emule or something like that and one video happened to be a plant.
No other priors, no evidence of actively searching this out. He said he didn't even know he had downloaded it because he hadn't gone through the files yet.
I do believe him, and what we've heard from the public defender corroborates his explanation.