Bronx Child Pornography
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The offense of child pornography involves any recorded image of a child (under 18 years of age), that is undressed or engaging in sexual activity. A Bronx Child Pornography Lawyer from our team can explain that the possession or distribution of any type of these materials is a very serious crime in both state and federal court. The NY District Attorney and the U.S. Attorney make a point to aggressively pursue and prosecute child pornography crimes. Due to the offensive nature of these crimes, law makers are seeking to expand the laws regarding pornography to include designs, characterizations and even cartoons that depict these images. If you have been charged with this offense, it is important to seek legal guidance promptly to ensure that your rights are protected. If convicted, you could be facing very serious penalties that can include prison, probation and large fines. Contact the legal team at Stephen Bilkis & Associates, PLLC for legal guidance and a free consultation.
One manner in which law enforcement apprehends child pornographers is to raid businesses that sell these materials, and then collect their customer’s names and credit card numbers. Once the NY District Attorney or the federal U.S. Attorney identifies these individuals, they obtain search warrants for their homes and businesses and arrest them. Law enforcement can then investigate who these people have been sharing their computer files with and make a large sweep, arresting many people at the same time.
Pursuant to federal law 18 USC 2252 and 2252 (a)(5), the possession of child pornography is the knowingly possession or accessing with intent to view any periodical, book, magazine, computer disc or video tape that depicts images of child pornography. This also includes images that are hosted on message boards, file sharing sites, ftp sites or chat rooms, irrespective if the sites are hosted outside of the United States.
Federal law enforcement is focused on identifying and pursuing these types of crimes that are committed via the internet. Remember that everything done over the internet is recorded somewhere. Any interaction that you may have on the internet can be turned over to the authorities. If you receive a call from the U.S. Customs Department, U.S. Postal Inspector, or the F.B.I., it is important to obtain legal counsel before you respond to them. It is not unusual for law enforcement to try and obtain a confession in these instances, so it is important to contact our legal team immediately.
The punishments for these crimes are severe. Even in the instance of possession of pornography, prison time is standard. Cases that involve the transmission of these materials can carry a minimum of a 5 year federal prison sentence. The maximum sentence for these crimes can range from ten years to life in prison. In addition to any prison sentence, the defendant will also be required to register as a sex offender.
In the state of New York, all sex offenders are required to register, regardless of where the crime was committed. The laws governing this requirement are changing, however currently the courts have ruled that all offenders are presumptively a level two offender under SORA. The sex offender registration act requires lifetime registration.
Being charged with a sexual offense is emotional and life changing. Not only could you be facing serious penalties, these types of charges damage personal and professional relationships. Registering as a sex offender is embarrassing, and becomes public record.
Contact our legal team for guidance and a free consultation. We have offices in New York City, including locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We have offices in Nassau County and Suffolk County on Long Island, and Westchester County. Call us today to schedule your free appointment at 1.800.NY.NY.LAW.