Child Pornography Defense in Westchester County
What to do if you have been charged with a child pornography offense:
If you have been charged in Federal Court or in New York State Court with a child pornography charge you must immediately contact a lawyer. Do not discuss the case with law enforcement, a therapist, pastor or anyone else until you speak with an experienced sex offense attorney.
Child Pornography cases are highly politicized and aggressively prosecuted by the Federal government and local law enforcement. There are many stories of decent law abiding people victimized by the countless images of child pornography on the internet. Many times individuals happen to stumble upon child pornography images on the internet and are then open to prosecution even if those images are immediately deleted. Social media (Facebook, Tinder, Tango) is also a problem for the public as many individuals on the internet represent themselves as adults but are in fact minors resulting in a child pornography charge.
Building a Strong Defense Against Your Child Pornography Charges
To most accused there is an overwhelming feeling of hopelessness. At Proto, Sachs & Brown, LLP our sex offense attorneys help our clients move past that hopeless feeling or a feeling of embarrassment to focus on the defense of the sex offense charge. We clearly explain the charge(s), your options, the legal strategy, potential sex offender registration (SORA) and the defense of the case. We have the resources to successfully defend any sex offense charge. We work with investigators, computer experts and therapists to name a few. Our attorneys are experienced in Federal Court and in the New York State Courts.
How are Child Pornography Cases Investigated?
There are countless ways a child pornography case is investigated by law enforcement. Most common are undercover “sting” operations, coordination between federal and local law enforcement, review of Internet Service Provider (ISP) records, direct complaints by the public, direct complains by an angry family member, reporting by school officials and many others.
Usually the investigation takes place over a period of time that can last months or years. If you even suspect that you might be the subject of an investigation for a child pornography offense it is essential to contact a sex offense lawyer immediately.
What is the Federal Definition of Child Pornography?
Child pornography means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
What are the Child Pornography Offenses in New York?
There are four main areas of prosecution in New York State for a child pornography charges:
- 1. Obscenity
- 2. Disseminating Indecent Material to Minors
- 3. Sexual Performance of a Child
- 4. Endangering the Welfare of a Child
Each of these areas of the law have their own subsections that are fact specific. It is important to remember that these are all serious felony charges.
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