Aug 14

Child Pornography in NY

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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.

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