New York Child Pornography
A New York City Child Pornography Lawyer can tell you that if you have been charged with being in possession of Child Pornography (New York Penal Code Article 263), you could be facing very serious penalties. Due to the social stigma that is attached to this type of internet sex crime and others such as forcible touching (New York Penal Code Sec. 130.52), sex abuse (New York Penal Code Sec. 130.65), sexual assault, indecent exposure or lewd conduct (New York Penal Law 245), you could be contending with not only serious legal penalties, you could have difficulty finding employment and housing.
In addition, you may have to register as a sex offender under the Sex Offenders Registration Act, or SORA. Child Pornography is both a state and federal offense. There are three levels of registration requirements. The courts have held prior to 2012, that all offenses related to child pornography were considered a level two, which requires lifetime registration and publication via the internet. It is important to obtain the guidance of an experienced New York City Child Pornography Lawyer from the Stephen Bilkis and Associates team right away.
Child pornography (also referred to as Kiddie Porn) is defined as recorded images and pictures of anyone under 18 years of age that is engaged in a sexual activity, or is unclothed. It is considered both a state and federal offense to be in possession of any pornographic material depicting children. The New York District Attorney and the U.S. Attorney aggressively prosecute these types of crimes. A recent change to child pornography laws has expanded the scope of what can be deemed pornographic to include cartoon images and other types of characterizations as child pornography.
Child pornography can take many forms. For instance, Article 263 of the New York Penal Law states that any type of sexual performance by a child or promoting, possessing a performance (book, magazine, video tape, etc.) is a serious offense in New York. The most serious crime however in terms of punishment is facilitating a sexual performance of a child with a controlled substance or alcohol.
Punishment for these crimes will vary depending on the exact crime involved, but they will range from a class E felony to a class B felony. For the crime of facilitating a sexual performance with a controlled substance, the penalities can range from 3 to 25 years in prison. All felony offenses can also include a fine of between $5,000 or double the amount the defendant gained from the commission of the crime, whichever is higher.
Law enforcement agencies have recently increased their efforts to put an end to this type of sex crime. They may raid companies that sell child pornography, and obtain the credit card information from the people who purchased the images. They could use this information to obtain search warrants and ultimately charge the individuals who purchase this material.As time wears on and child pornography continues to increase, and the government has gotten more aggressive and sophisticated in their efforts to apprehend individuals involved in this crime. For instance, the FBI is using new high tech tools to help them. In one case, they have developed hacker techniques that are designed to infiltrate high traffic porn sites. The program delivers malware to every user of the site and enables the FBI to get on the user’s computer and see their files, search history and more.
Being charged with a sex crime is serious. It is important to contact a skilled New York Sex Crime Lawyer from Stephen Bilkis and Associates without delay. You could be facing jail time, fines, probation and the requirement to register as a sex offender. Whether you have been charged with child molestation, sexual child abuse, spousal rape, solicitation Sexual Assault, rape, or an allegation of Sexual Abuse, we want to discuss possible defense strategies with you. Contact us at 1-800-NY-NY-LAW to schedule your free consultation. Our New York City offices serve clients throughout the five boroughs of New York City including the Bronx, Brooklyn, Staten Island, as well as Manhattan and Queens. Our Long Island offices support our clients in Nassau County and Suffolk County. We can also serve clients in Westchester County.