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Last Updated on: 15th October 2023, 12:14 pm
Child pornography charges in Westchester County, New York can lead to severe consequences, including lengthy prison sentences and sex offender registration. However, there are defenses available that can help fight these allegations. This article provides an overview of child pornography laws in New York, potential penalties, and possible defenses to explore with an experienced local criminal defense attorney.
In New York, there are two main child pornography offenses – promoting a sexual performance by a child and possessing a sexual performance by a child.
Promoting child pornography involves producing, directing, or promoting any performance that includes sexual conduct by someone under 17. This can include photos, videos, plays, movies, and more. It’s a class B felony punishable by up to 25 years in prison.
Possession applies to knowingly having or intentionally accessing child pornography. The children involved must be under 16 for this charge. It’s a class E felony with up to 4 years in prison.
If the content is considered obscene, the charges become promoting or possessing an obscene sexual performance by a child. The legal definition of obscenity involves content that lacks serious literary, artistic, political, or scientific value.
The broad nature of the law means activities like sexting between teens could potentially lead to child porn charges. There are also federal child pornography laws that can come into play.
A conviction on state child pornography charges in Westchester County can lead to the following penalties:
Those found guilty often face prison time, even for first offenses. The requirements of sex offender registration can also cause major complications with employment, housing, and reputation.
Federal child pornography convictions can result in even harsher sentences – up to 20 years per offense. The average federal sentence for possession is around 10 years.
Facing child pornography charges can be overwhelming. The social stigma surrounding these allegations makes a strong legal defense essential. Look for a Westchester County criminal defense lawyer with specific experience handling these complex cases.
Key credentials to seek out include:
With the proper legal guidance, even the most challenging child pornography cases can potentially reach better than expected outcomes. Don’t hesitate to explore every opportunity to move forward in the most positive direction possible.
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