New York Child Pornography Lawyer

New York child pornography charges can result in significant fines, up to four years in prison, probation periods, and the need to register as a New York sex offender which will appear on criminal backgrounds checks that can affect your ability to rent an apartment, take out loans, or get a job.

If you are facing child pornography charges, contact a New York child pornography lawyer to discuss the charges against you. Let a capable defense attorney review what legal options may be available to you, and determine what course of action makes the most sense for your situation.

What Constitutes Child Pornography?

New York defines the possession of child pornography as possession of a sexual performance of child (which is defined as anyone 16 years old or younger).Under New York Penal Code § 263.00, New York recognizes two distinct child pornography possession laws:  possessing a sexual performance by a child and possessing an obscene performance by a child.

Possessing a Sexual Performance By a Child

In order to be guilty of possessing a sexual performance by a child, someone must knowingly possess material which contains a sexual performance of a child who is under 16 years of age.

This is considered a Class E felony and can result in fines and up to four (4) years in prison. In addition, if that performance is also considered to be obscene, charges can be brought for the second crime (discussed below) as well.

Possessing a performance refers to having control over it. In reality, that means a person can still be charged with the crime even if they have not looked at. If it is on their person, they are in control of it and can be charged accordingly.

Possessing an Obscene Performance By a Child

Under New York, Penal Code § 235.00(1), a sexual performance is considered obscene if it has no artistic, political, literary or scientific value and appeals to the public's prurient interest in sex as defined by contemporary community standards. This is also considered a Class E felony and can result in fines and up to four years in prison.

It is important to keep in mind that felony charges may apply to anyone in the possession of child pornography found on the internet or which they have received by mail. Federal felony charges can significantly increase someone’s sentence. A skilled New York child pornography lawyer can attempt to mitigate the severity of the penalties that an individual may face.

What Are Valid Defenses to Pornography Charges?

New York law recognizes two defenses to child pornography charges – occupation and mistake of age. The first is very limited as it simply applies to someone whose occupation may involve reviewing child pornography such as a child sexual assault advocate, researcher, or librarian.

The second, mistake of age, is by far the most common defense to New York child pornography charges. Courts will not simply take someone’s word that they believed the subject to be of age.

In fact, they will generally investigate whether such a defense is believable by considering the overall appearance of the child and by reviewing any testimony or evidence relevant to the matter.

New Yorkers facing these charges can benefit from having an experienced New York child pornography attorney on their side who can attempt to have the charges dismissed or mitigated through plea bargaining.

Contacting an Experienced New York Child Pornography Lawyer

If you have been charged with child pornography, contact a New York child pornography lawyer today. Child pornography charges in New York should be taken very seriously as convictions can significantly affect your life.

Your attorney can analyze your review your situation, determine your legal defenses, and investigate all of your options so that you can make an informed decision on what course of action makes the most sense for you.