August 18

Juvenile Sex Offender Registration

Juvenile sex offender registration has been debated for a number of years in the belief that children are developmentally immature and have ability to change. A recent study shows that less than 2% of all individuals who committed a sex offense as a juvenile committed another such offense if they were brought to justice.

In 2006, Congress enacted the Adam Walsh Child Protection and Safety Act. Title I of the Act, the Sex Offender Registration and Notification Act (SORNA), which are among the most controversial of the Act, subjects many children adjudicated delinquent to the same registration requirements as convicted adult sex offenders. While SORNA requires juveniles of at least 14 years of age adjudicated delinquent for a crime comparable to or more severe than an aggravated sexual abuse crime as defined in federal law to register as sex offenders. Children as young as eight may be required to register as sex offenders for crimes ranging from the very serious, such as rape, to more minor misconduct such as consensual sex, public nudity and public urination.

A Juvenile Who is Registered As a Sex Offender Must:

  • Provide personal information to state police;
  • Verify their information, often in-person on a regular basis for the duration of their registration requirement; and
  • Regularly report changes in their appearance, residence, employment, and other habits. Failure to do so can lead to mandatory incarceration.
  • Some states also require community notification, which can mean that the children’s names, addresses, and offenses will be listed on publicly accessible websites or that law enforcement has authority to share information about the children with the public.

Keeping in mind the negative impact of juvenile sex offender’s registration that can hamper the juvenile’s life and future, a total of fifteen jurisdictions including Connecticut and New York do not require any adjudicated juvenile to register as a sex offender. However, juveniles transferred to and convicted in an adult court usually are treated as adults also for the purpose of sex offender registration.

For a Criminal Defense Attorney in New York & Connecticut, Call 845-459-0002

If your loved one is a juvenile and is charged with a sex offense, it is important that you hire an attorney who understands such cases. Our criminal defense attorney at the Law Office of Reuven J. Epstein is ready to fight for you diligently. Call us at 845-459-0002/ 800-579-1605 to schedule your appointment with Attorney Reuven J. Epstein.

August 14

Child Pornography in NY

What is Child Pornography?

Possessing, producing or trafficking images of children engaged in sexual activity is child pornography. It is a crime under both state and federal law.

Child Pornography Possession Statues in New York

N.Y. PENAL LAW § 263.11 (2009) – Possessing an obscene sexual performance by a child. A person is guilty of possessing an obscene sexual performance by a child when, knowing the character and content thereof, he knowingly has in his possession or control any obscene performance which includes sexual conduct by a child less than sixteen years of age. Possessing an obscene sexual performance by a child is a class E felony.

N.Y. PENAL LAW § 263.16 (2009) – Possessing a sexual performance by a child. A person is guilty of possessing a sexual performance by a child when, knowing the character and content thereof, he knowingly has in his possession or control any performance which includes sexual conduct by a child less than sixteen years of age. Possessing a sexual performance by a child is a class E felony.

The First Amendment

The First Amendment provides protection to defendants, but only where no actual child is involved in the production of the image. Images of actual children, even morphed images of real children, are not protected by the First Amendment.

What Are The Penalties For Child Pornography?

Child pornography carries a mandatory minimum five-year sentence. Maximum sentences range from 10 years to life imprisonment.

Does A Child Pornography Offender Have To Register As Sex Offenders?

All child pornography offenders require a lifelong sex offender registration in New York State. If you have been convicted of possession of child pornography (called “sexual performance by a child” under state law) and live in New York State you have to register, even if your conviction was federal or from another state.

Have You Been Charged With Child Pornography? Contact the Law Office of Reuven J. Epstein

Prosecutors in child pornography cases typically seek high sentences. It is essential to seek an experienced attorney if you have been accused of trafficking in child pornography. Attorney Reuven J. Epstein is accomplished in dealing with child abuse cases. If you or a loved one has been charged with child pornography, call us today at 845-459-0002/800-579-1605.