Mark Giles told Colorado’s KUSA-TV that Braydon spent Christmas day playing around with his new toy, only to find some pictures on it. He handed the 3DS to his older brother Bryton to delete the pictures, but Bryton noticed that they were wildly inappropriate.
“I said, ‘Dad, this DS has porn on it,’ and I gave him the DS and he just walked right over to the phone,” he told the station.
The boys found nine graphic images on their handheld, which comes equipped with two built-in cameras.
Giles bought the device used at the local GameStop. After explaining what happened, the store apologized and told them the images came from a previous owner and were unfortunately not erased before it was re-sold.
"GameStop is currently researching this situation,” the company said in a statement. “We have a rigorous quality control process in place to ensure that existing content is removed from all devices before they are re-sold. Out of millions of transactions each year, ones like this happen very rarely. Our number one priority is to make this right for our customer."
They also gave Braydon a brand new 3DS along with a few games, but the elder Giles is still frustrated.
"You can't unsee this. He's 5 years old. Maybe when he's 18 or 20, maybe he won't know anything about it but he's not going to forget about this tomorrow," he said.
Used game retailers have gotten in hot water over pornography before. Last year, a 6-year-old Georgia boy found graphic images drawn on the box of a used Mario game he bought at GameStop, while in 2009 another 6-year-old found porn on a PSP purchased at Wal-Mart.
- Nintendo 3DS