FAQs About New York Child Pornography Cases

FAQs About New York Child Pornography Cases

Child pornography is a serious crime that can lead to severe penalties in New York. However, these cases are also highly complex with many nuances in the law. Here are answers to some frequently asked questions about New York child pornography laws and cases.

What is considered child pornography under New York law?

New York law defines child pornography as “sexual performances” by children under the age of 16. This includes any visual depiction of a child engaged in sexual conduct, including photos, videos, drawings, computer images, etc. The child must be real – virtual or simulated depictions do not qualify. There are exceptions if the material has serious artistic, political, scientific or educational value. Promoting or possessing child pornography is illegal in New York.[2]

What are the penalties for child pornography in New York?

Penalties depend on the specific offense, but can include years in prison. For example:[3]

• Promoting child pornography: Class D felony – up to 7 years in prison
• Possessing child pornography: Class E felony – up to 4 years in prison
• Producing child pornography: Class B felony – up to 25 years in prison

Those convicted will also have to register as sex offenders, sometimes for life.

How do police investigate child pornography cases?

Investigations often start with a tip from an internet provider, foreign law enforcement, or a witness. Police can get user information from the IP address and execute a search warrant to seize devices. Devices are forensically examined for evidence of child pornography. Police may also use undercover operations.[3]

What are common defenses in child pornography cases?

There are several possible defenses, such as:[6]

• Lack of intent – the prosecution must prove you intentionally possessed the material.
• Invalid search warrant – if there were issues with how the warrant was obtained.
• Misidentification – proving the material does not depict a real minor.
• Free speech – if the material has artistic, scientific value.

An experienced defense attorney can evaluate potential defenses based on the specifics of your case.

Is it legal to view child pornography in New York?

Merely viewing child pornography online, without downloading or otherwise possessing it, is not illegal in New York. However, there may still be federal charges for accessing it online.[4] Be very cautious, as legal nuances abound.

Can you go to jail for receiving unsolicited child pornography?

It depends. If you immediately delete the files and do not view them, likely not. However, opening images or failing to promptly delete them could lead to possession charges. Consult a lawyer immediately if this happens.[1]

Should you talk to police if investigated for child pornography?

No. You should politely decline to answer any questions and immediately contact a criminal defense lawyer. Anything you say can be used against you, so it is best to let your lawyer handle communications with police.

Can your devices be seized in a child pornography investigation?

Yes, if the police get a search warrant, they can seize any devices that may contain evidence. It is critical to consult with an attorney quickly in order to protect your rights.

Can child pornography charges be reduced or dismissed?

Yes, an experienced criminal defense attorney may be able to get charges reduced or dismissed by challenging the search warrant, raising free speech defenses, or through plea negotiations. Do not take any chances – retain legal counsel immediately.

Child pornography charges should always be taken very seriously. Consult with an attorney right away if you or a loved one is being investigated or charged. An attorney experienced in these complex cases can properly protect your rights and build the strongest defense.