New York Internet Sex Crimes Lawyer
A New York Internet Sex Crime Lawyer can explain that with the age of the internet has come the rise of internet sex crime. An internet sex crime (New York Penal Law 288.3) can occur on the internet or through sex with a minor as a result of initial online contact. While there are many different forms of criminal activity involving minors, it seems that a large number of internet sex crime cases involve children. The penalties for these types of charges can be serious, so it is important that you seek the guidance of a qualified New York Internet Sex Crime Lawyer from our team at Stephen Bilkis and Associates.
An internet sex crime can take various forms, but often involves child pornography being distributed or displayed over the internet. This also can involve storage and retention of this type of material on personal computers and other digital devices. Often defendants are charged with this type of sex crime because of law enforcement agents posing as children on the internet and then arresting the defendant at a face-to-face meeting. It is important to discuss the circumstances of your case with a New York Sex Crime Attorney. Often it can be determined that during these sting operations the defendant’s rights may have have been violated.
Child pornography take many forms. For instance, Article 263 of the New York Penal Code states that any form of sexual performance or promoting or possessing the materials related to the performance (having a video tape, photograph or other visual representation) is a crime.Examples of internet sex crimes in New York
- Possession of Child Pornography: This crime occurs when a person knowingly possesses material that depicts minors engaging in sexual conduct. New York Penal Law § 263.16
- Distribution of Child Pornography: This crime occurs when a person knowingly distributes, reproduces, or transports material that depicts minors engaging in sexual conduct. New York Penal Law § 263.10
- Sexual Enticement of Minors: This crime occurs when a person uses the internet or other electronic means to communicate with a minor for the purpose of engaging in sexual conduct. New York Penal Code § 120.70. In People v. Dickinson, 182 A.D.3d 783 (N.Y. App. Div. 2020), the defendant was charged with multiple offenses, including sexual abuse and luring a child, stemming from inappropriate sexual conduct with his then-girlfriend's 13-year-old daughter. After a trial, the defendant was convicted of sexual abuse, luring a child, and endangering the welfare of a child. He appealed his convictions. The defendant argued that the evidence for his luring a child conviction was legally insufficient because he was acquitted of the related sexual act charge. However, the court disagreed, as the victim's testimony was corroborated by multiple witnesses and physical evidence.
- Solicitation of Prostitution: This crime occurs when a person uses the internet or other electronic means to offer or agree to pay another person for sexual acts. New York Penal Code § 230
- Online Harassment: This crime occurs when a person uses the internet or other electronic means to harass, intimidate, or threaten another person with the intent to cause fear, alarm, or emotional distress. New York Penal Code § 240.30. The court has held that before a defendant can be charged with harassment under § 240.30, they must first tell the person to cease the harassing activity. For example, in People v. Habib Bamba, 2007 NY Slip Op 50806(U) (N.Y. Crim. Ct. 3/5/2007), the defendant faced charges including Aggravated Harassment in the Second Degree and Stalking in the Fourth Degree. These charges stemmed from a series of communications between the defendant and the complainant between March 28, 2005, and May 26, 2006. The defendant sought to have the charges dismissed on the grounds of facial insufficiency and speedy trial violations. The court granted the defendant's motion to dismiss some counts for facial insufficiency, specifically related to communications made before the complainant's directive to cease communication and those not demonstrating a lack of legitimate purpose. However, the court upheld other counts as facially sufficient, particularly those occurring after the directive.
In New York, these internet sex crimes are vigorously prosecuted, and the penalties for conviction can be severe. If you have been charged with any type of internet sex crime, it is important to seek the assistance of a qualified sex crime attorney serving New York who can help you understand the charges against you, develop a defense strategy, negotiate a plea bargain, and represent you in court. Contact us Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, Westchester County, and Suffolk County.