It was a video and he didn't send it. He just happened to have it on the same phone.
"the subsequent review of his account turned up a video from six months earlier that Google also considered problematic, of a young child lying in bed with an unclothed woman."
source and context? I think that happened in the U.K., and I'm not sure what their laws are, but in the U.S.A., as long as there is nothing sexual about it, such a picture is not illegal.