Rockland County Child Pornography Lawyer

New York’s Penal Laws strictly punish any person who causes a child to come to harm. This includes punishing those who create, possess, or otherwise distribute child pornography. It is illegal for any person to entice or force a child to participate in this activity. In addition, it is a crime for any parent to allow their child to participate in these acts. A conviction under any of New York’s child pornography laws can result in a long prison sentence and may require a person to register as a sex offender.

A Rockland County child pornography lawyer may be able to help prevent this from happening. A dedicated sex crimes attorney can work with you to understand your side of the story, combat allegations that you possessed or made this material, and defend your rights in court.

Creating Prohibited Material in Rockland County

New York’s harshest laws concerning child pornography apply to those accused of producing it. However, the term “child pornography” does not appear in New York’s Penal Laws. Instead, the law labels this material as a “sexual performance”. According to New York Penal Law §263.00, this includes any performance of a sexual nature including intercourse, masturbation, or even a simple display of the genitals.

It is illegal for any person to entice, coerce, or otherwise allow a child to participate in the production of this material. Under New York Penal Law §263.05, this statute can apply to any person involved in bringing the child forward to make the material and can even include the child’s parents if they do nothing to stop the activity. A conviction under this statute is a class C felony.

New York Penal Law §263.15 also outlaws the creation of this material. A conviction here is also a class C felony. Finally, this statute also makes it illegal to promote the distribution of child pornography. Therefore, an individual who posts that they have a link leading a buyer to child pornography is just as culpable as the sellers themselves.

Defending Against Charges of Possession Child Pornography

Perhaps the most common charge involving child pornography is that of simple possession. Child pornography is always illegal to possess and a person cannot argue that they had permission to hold it. According to New York Penal Law §263.16, possessing any material that depicts a child under the age of 17 in a sexual performance is a class E felony.

However, many of those facing these charges may not realize that the material that they have is illegal. If the accused can produce evidence at trial that they had a good faith reason to believe that the person depicted in the material was at least 17 years old, they may be able to avoid a conviction.

Similarly, many people are charged with this crime despite never knowing that they possessed the material. The internet allows traffickers of this information to use unwitting people’s computers as storage devices with malware. If an individual and their Rockland County child pornography lawyer can show that they never knew that the items were on their system, they may be able to present this as a defense at trial.

Reach Out to a Rockland County Child Pornography Attorney Today

Allegations involving child pornography can confuse and scare many people. A conviction is a sex crime that could require a defendant to register as a sex offender and could result in a multi-year prison sentence. It is essential that you work with an attorney who could look out for your best interests.

A Rockland County child pornography lawyer understands New York’s child pornography laws and how they could affect your life. They are dedicated to helping you defend your future. Call today to learn how an attorney could fight for your freedom.