Bronx Child Pornography Lawyer
The child pornography laws established by New York Penal Law punish both those who create this material and those who simply possess it. The severity of the charge depends on the role the defendant allegedly took in the production of this material, but in every instance, a conviction is a felony.
However, there are a number of statutory defenses that individuals accused of child pornography charges may raise during a criminal trial. Many defendants are not even aware that they had this material in their computer or believed that the images they viewed were of a person over the legal age of consent.
In any such case, a Bronx child pornography lawyer may be able to help. Qualified sex crimes attorneys could handle your case with tenacity and diligence, working all the while to protect your rights as well as your standing in the community.Production of Child Pornography
The most serious charges involving child pornography in the Bronx are brought against those whom the prosecutor believes created this material. However, there is no specific section of New York Penal Law that specifically outlaws the material known as child pornography.
Instead, New York Penal Law §263.00 defines “sexual performance by a child” as any sexual conduct performed by a child less than 17 years old. This sexual conduct can include sexual intercourse, oral or anal contact, masturbation, or lewd display of the genitals.
New York Penal Law §263.05 further states that it is a Class C felony to employ or authorize a child to participate in the production of a sexual performance. This also applies to parents who allow their children to participate.
It is also illegal to promote any sexual performance by a child under the age of 17 in the Bronx. According to New York Penal Law §263.15, any person who produces, directs, or otherwise promotes a sexual performance by a child is facing a Class C felony. A knowledgeable Bronx child pornography attorney could clarify which specific charges might apply to an individual and what that means for their case.Child Pornography Possession in the Bronx
Just as it is illegal to create child pornography in the state of New York, it is also illegal to possess it. New York Penal Law §263.16 states that it is a Class E felony for an individual to knowingly have in their possession or control any media depicting sexual performance by a child under the age of 17. It is also illegal for any person to view this material if they know that it is illegal.
An important aspect of these laws is the idea of foreknowledge. Specifically, a prosecutor in New York State cannot prove a case of possession of child pornography unless they can demonstrate that the defendant knew that the child depicted was underage. In fact, New York Penal Law §263.20 formalizes an affirmative defense through which defendants may argue they had sufficient reason to believe that the person depicted in the material was at least 17 years of age.
In other cases, a defendant’s computer may be used as a carrier for this material against their knowledge. When this is the situation, a defendant could introduce evidence that their computer was affected by malware used by child pornography traffickers to move their material to other users. A seasoned criminal defense attorney could help individuals choose the defense strategy that is best suited to their circumstances.Contact a Bronx Child Pornography Attorney
Allegations involving the production or possession of child pornography can be some of the most serious crimes charged in New York. A conviction could not only result in a significant prison sentence but may require an individual to register as a sex offender.
Whether you are accused of producing a sexual performance by a child, of allowing your child to participate in such a sexual performance, or simply possessing material that depicts one, contact a Bronx child pornography lawyer right away. Your attorney could work to identify the material at hand, determine the source and whether the people depicted are of age, and present relevant defenses in court. Every stage of these cases is critical and a conviction could forever change your life, so call today to let an experienced lawyer get to work for you.