Wednesday morning Mark Giles' five year old son Braydon was playing with his Nintendo 3DS, a gift he had been asking Santa for since last year.
The boy asked his older brother to help him delete some pictures on the device, that's when his brother Bryton said the discovery was made.
"He said that he didn't take these pictures so I went over to these pictures and I see two people in a bed. I told my dad and I said dad this has porn on it and he got up and went right to the phone," Bryton Giles said.
Mark Giles said there were nine graphic images on the device that his boys saw.
He called GameStop and he told them what happened and they apologized for the incident. A store manager told Giles the images were from a previous owner and they weren't caught before the refurbished device was sold.
They also gave his son a brand new device along with several games.
The store's corporate office also issued this statement:
"GameStop is currently researching this situation. 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."
Giles says he appreciated the store's gesture, but says nothing can reverse what happened.
"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," Giles said.