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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 state 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 could 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.

Laws Regarding Child Pornography 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 distributes a link where someone could buy child pornography is just as culpable as the sellers themselves. A Rockland County attorney could explain someone’s exact child pornography charges and prepare them for the upcoming legal process.

Defending Against Charges of Possession of 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 lawyer can show that they never knew that the items were on their system, they may be able to present this as a defense against their child pornography charges.

What Evidence is Used in Trials for Child Pornography?

Typically, the evidence used in a child pornography prosecution is technical in nature. In many cases, an investigation into a person will begin after a search engine or internet hosting service detects images of child pornography and notifies the National Center for Missing and Exploited Children (NCMEC). If the NCMEC verifies the information, they will report it to local law enforcement. Law enforcement may then submit subpoenas for electronic records from the search engine or hosting company to not only verify the presence of child pornography but also to identify the person that owns it.

At trial, technical experts are likely to testify in detail regarding how they came upon the alleged child pornography. They will also attempt to tie the defendant to the images in question. It is not uncommon for these cases to be built entirely on an online investigation as opposed to witnesses that are familiar with the defendant. An attorney in Rockland County could help build a case against any evidence that connects the defendant to the possession of child pornography.

Will a Child Pornography Conviction Require Registration as a Sex Offender?

A conviction for the possession or creation of child pornography requires mandatory sex offender registration. The minimum amount of time a person must stay on the registry is 20 years, although many individuals must stay on the registry for the rest of their life. A person convicted of possession of child pornography must report where they live annually as well as notify the state any time they move. They are restricted in where they can live and, in some cases, must verify their address every 90 days.

Reach Out to a Rockland County Child Pornography Attorney Today

Allegations involving child pornography can confuse and scare many people. In addition to the requirement to register as a sex offender, a conviction could result in a multi-year prison sentence. Therefore, it is essential that you work with an attorney who could look out for your best interests. A Rockland County child pornography lawyer could help you avoid these penalties and defend your future. Call today to learn how an attorney could fight for your freedom.

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