New York Internet Sex Crimes
A New York Internet Sex Crime Lawyer can explain that with the age of the internet has come the rise of internet sex crime. An internet sex crime (New York Penal Law 288.3) can occur on the internet or through sex with a minor as a result of initial online contact. While there are many different forms of criminal activity involving minors, it seems that a large number of internet sex crime cases involve children. The penalties for these types of charges can be serious, so it is important that you seek the guidance of a qualified New York Internet Sex Crime Lawyer from our team at Stephen Bilkis and Associates.
An internet sex crime can take various forms, but often involves child pornography being distributed or displayed over the internet. This also can involve storage and retention of this type of material on personal computers and other digital devices. Often defendants are charged with this type of sex crime because of law enforcement agents posing as children on the internet and then arresting the defendant at a face-to-face meeting. It is important to discuss the circumstances of your case with a New York Sex Crime Attorney. Often it can be determined that during these sting operations the defendant’s rights may have have been violated.
Child pornography take many forms. For instance, Article 263 of the New York Penal Code states that any form of sexual performance or promoting or possessing the materials related to the performance (having a video tape, photograph or other visual representation) is a crime.
The federal government is using increasingly aggressive tactics to convict perpetrators of these offenses. A recently published article states that the FBI is now using high tech tools, and have developed sophisticated hacker techniques designed to get into high traffic porn websites. They use malware to get into the website of the individual users of the website.
The New York Penal Code has been recently amended to expand the penalties regarding sexual offenses. These changes were made pursuant to the Sexual Reform Act in 2001 (SORA). If convicted of a sex crime, it is likely that the defendant will be required to register as a sex offender. There are three levels of registration. The act has held that prior to 2012, courts have held that all child pornography was presumptively a level 2. This level requires lifetime registration and publication on the internet.
If you have been accused of a Sex Crime, you could be facing prison, fines, court ordered rehabilitation, probation, and the possible requirement to register as a Sex Offender (SORA). These penalties may be enhanced if there were aggravating circumstances, or you have a prior criminal record. Also, New York law allows for an additional 5-year sentence if a defendant engaged in sex with a minor if initial contact was made over the internet.
The exact penalties will depend on the specific charges and circumstances of the case. They can range from being found guilty of a Class E Felony to a Class B Felony. For the crime of facilitating a sexual performance with a controlled substance or alcohol the penalty can range from 3 to 25 years in prison. All felony offenses can also cause a fine that can well over $5,000, twice the amount that the defendant gained from the crime.
There are defenses to this crime which can include:
A reasonable, good faith belief that that the child involved was over 16 years old (or 17 depending on the jurisdiction)
Or a nonmanagerial, nonsupervisory employee with no financial interest (other than employment) is involved in the creation or acquisition of a sexual performance of a child.
If you have been charged with a Sex Crime, including Rape, sexual abuse, prostitution or Statutory Rape, speak with a dedicated New York Criminal Defense Attorney from Stephen Bilkis and Associates. Not only are the potential penalties for these crimes serious, accusations of a sexual offense can also result in humiliation and embarrassment, whether you are guilty or not. The social stigma surrounding these offenses can damage your ability to find employment, obtain housing, and can affect your personal and professional relationships. Come in and speak with a qualified lawyer from Stephen Bilkis and Associates. We can discuss possible defense strategies with you. Our New York City offices serve clients throughout the five boroughs of New York City including Brooklyn, Queens, Staten Island, Manhattan and the Bronx, as well as Westchester County. Our Long Island offices support our clients in Nassau County and Suffolk County. Call us today at 800.696.9529 to schedule your free consultation.