New York Child Pornography
The crime of child pornography involves recorded images or pictures of children (anyone under 18 years old), that is unclothed or engaging in sexual activity. A New York Child Pornography Lawyer from our team can explain that possessing or distributing any type of these materials is a serious crime both in state and federal court. The New York District Attorney as well as the U.S. Attorney aggressively pursue and prosecute these offenses. Because of the heinous nature of these offenses, lawmakers are even trying to include pornographic cartoons, designs and characterizations of these materials classified as child pornography as well. If you or a loved one has been charged with this offense, it is important to take prompt action to ensure that your rights are protected. You could be facing very serious penalties. Contact Stephen Bilkis & Associates, PLLC for guidance and a free consultation today.
One way that law enforcement finds child pornographers is to raid companies that are in the business of selling these materials, then collecting their customer’s credit card numbers. Once the DA of U.S. Attorney locates these individuals, they obtain a search warrant for their home or business and arrest them. The police will then be able to investigate who they were sharing their files with, and make a sweep-arresting a large amount of people at once.
Under federal law, 18 USC 2252 and 2252A (a)(5), possession of child pornography is defined as knowingly possessing, or accessing with an intent to view any book, magazine, periodical, film, videotape, computer disc or other material that contains an image of child pornography. It is important to note that this also includes images hosted in chat rooms, message boards, file sharing sites, or ftp sites, even if these sites are hosted outside of the country.
Federal law enforcement is very focused on stamping out these crimes on the internet. It is important to remember that anything done on the internet is recorded somewhere, and any interaction you have online can turned over to law enforcement. If you receive a call from the F.B.I., the U.S. Postal Inspector, or the U.S. Customs Department is very important to retain our services before you respond. It is not uncommon for law enforcement to try and obtain a confession as well as a search warrant prior to bringing the case to trial.
People are often shocked at the severity of punishment for these crimes. Even in cases of mere possession, prison time is the norm. Cases that involve the transmission of pornographic materials carry a minimum 5 year federal prison sentence. Maximum sentences in these types of cases can range from ten years in prison to life. In addition to prison, the defendant will also need to register as a sex offender.
In New York all sex offenders are required to register, whether their offense was committed in the state of New York, or out of state. The laws requiring registration are in flux, however currently the courts have held that all offenders were presumptively level 2 offenders under SORA, which requires lifetime registration. This has been recently overruled by the NY Board of Examiners of Sex Offenders, but the laws are ever changing.
Being charged with this offense is life changing. Not only could you be facing very real and severe penalties, these types of charges often damage personal relationships. Registering as a sex offender can cause problems with future housing and employment. Speak with a New York Child Pornography Lawyer from our team to ensure that your legal rights are protected.
Contact our legal team today for guidance and a free consultation. We have office locations to serve you throughout New York, including locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have offices in Nassau County and Suffolk County on Long Island, and Westchester County. Call us today at 1.800.NY.NY.LAW.