Faqs About New York Child Pornography Cases

FAQs About New York Child Pornography Cases

Child pornography cases in New York can be very complex. Here are some frequently asked questions to help demystify these types of cases:

What is considered child pornography in New York?

New York law defines child pornography as any visual depiction of a child under 16 years old engaged in sexual conduct. This includes actual or simulated sexual intercourse, oral sex, anal sex, masturbation, bestiality, or lewd exhibition of genitals[1]. Even computer-generated images can be considered child porn if they are indistinguishable from images of actual children[2].

The legal definition hinges on whether the material is considered “obscene” – meaning it appeals to a prurient interest in sex, depicts sexual conduct in a patently offensive way, and lacks serious artistic, political, or scientific value[3].

Simply possessing child pornography is a felony offense in New York. Promoting, selling, or distributing child porn carries even stiffer penalties[4].

What are common defenses against child porn charges?

There are several potential defenses to child pornography charges in New York:

• You did not “knowingly” possess the material: The prosecution must prove you knew the illicit nature of the material. For example, spam emails with attachments can unwittingly download child porn to your device[5].
• The person depicted was not a minor: If the prosecution cannot establish the age of the person in the image, they cannot prove it is child porn[6].
• Free speech: Nude images of minors are not necessarily pornographic – context matters. Photos with artistic, political, or scientific value may be protected under the First Amendment.
• Illegal search: If police lacked probable cause for a search, any evidence found may be excluded.

An experienced New York criminal defense lawyer can evaluate the specifics of your case and build the strongest defense.

What are the penalties for child porn charges in NY?

A conviction for possessing child pornography in New York can lead to up to 4 years in prison. Promoting or distributing child porn carries up to 7 years imprisonment.

In addition to incarceration, those convicted will also face:

• Fines up to $5,000
• Sex offender registration for a minimum of 20 years
• Felony record that severely limits employment and housing options

Federal child porn charges bring even harsher punishments – typically a mandatory minimum of 5 years in federal prison.

Can you get bail for child porn charges in NY?

Yes, it is possible to be released on bail pending trial for child pornography charges in New York. However, bail is never guaranteed and the court has discretion to deny bail if you are deemed a flight risk or danger to the community.

Factors that help secure bail include having stable employment, residency ties to New York, lack of criminal history, and posting of cash bail or bond. An experienced criminal defense lawyer can argue for bail that meets the court’s requirements.

Will I have to register as a sex offender if convicted?

Yes. Anyone convicted of a child pornography offense in New York will be required to register as a level 1, 2 or 3 sex offender.

This means your photo, address, and background will be searchable on a public registry website. You will also face strict limits on where you can live and work.

Sex offender registration lasts a minimum of 20 years. But some offenders must register for life. An attorney may be able to negotiate a plea deal that avoids registration requirements.

Should I talk to police if questioned about child porn?

Never. There is no benefit to speaking with police if you are being investigated for child pornography crimes. Police are building a case against you, not trying to help you.

Anything you say can be used against you, while your silence cannot. Politely decline to answer any questions and immediately contact a New York criminal defense lawyer for advice on how to proceed.

What should I do if the police want to search my home or devices?

Do not consent to any search of your home, phone, computer or other devices if contacted by police about child porn. Law enforcement will likely pressure you to “cooperate” but you should always exercise your 4th Amendment right against unreasonable searches.

Politely inform police you do not consent to any search. Make it clear you are not resisting, just politely asserting your constitutional rights. Ask if you are free to leave – if so, leave. If not, you are being detained and should exercise your right to remain silent until your lawyer arrives.

Can child porn charges be expunged from my record in NY?

Unfortunately, New York does not allow expungement (permanent destruction) of criminal records, even for non-violent felonies like child porn possession. However, those convicted can later apply to have their records sealed under the state’s sealing laws.

Sealing hides a conviction from public databases like background checks. Sealing eligibility depends on the offense and passage of time since the conviction. An attorney can advise if you qualify to have your record sealed.

Takeaways

• Mere possession of child pornography is a felony in New York
• Several defenses may apply, such as lack of knowledge or age of the subject
• Conviction brings harsh prison time, fines, and sex offender registration
• Never consent to a search or speak to police without an attorney
• While expungement is not available, record sealing may be possible

Accused of a child porn crime in New York? Don’t delay in contacting an experienced criminal defense attorney to protect your rights. A skilled lawyer can thoroughly evaluate the charges and build the strongest defense to avoid a devastating conviction.