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New York Child Pornography Frequently Asked Questions

March 21, 2024 Uncategorized

Pornography, in one form or another, has hit this generation hard, and it is growing every day. Twenty years ago, pornography of any kind was barely mentioned anywhere, but a study in 2006 revealed astonishing statistics that between the ages of 18-49, 82 percent viewed pornographic magazines, 84 percent watched pornographic films, and 34 percent watched online. This has become a form of illegal entertainment and affects not only those viewing it, but also the entire population that produces and distributes it.

Child pornography is combined in the stats that the Neilson Company has accumulated for the United States. Recent stats show that every day in the U.S. –

~ 37 pornographic videos are created.

~ 2.5 billion emails containing porn are sent and received online.

~ 68 million searches are generated, which is 25 percent of all searches.

~ 116,000 queries are received about child pornography.

Pornography is illegal in the 50 states, and with the growing number of arrests, nationally recognized Long Island Defense Lawyer Raiser & Kenniff is adamant about answering questions from the public concerning these crimes.

Frequently Asked Questions on Adult and Child Pornography

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

What is considered an obscene sexual performance?

Sexual performance is considered “obscene” when it contains sexual intercourse, anal or oral sex, bestiality, masturbation, excretion, sadism, masochism, or a display of genitals for no artistic, literary or scientific reason. It involves knowingly, with premeditation, having possession or control of it and with intent to distribute or view it. Having in your possession a sexual and obscene performance by a child is a class E felony and carries a sentence of up to four years in prison if convicted.

What is considered “child pornography?”

Under New York criminal law, the term used for “child pornography” is “child sexual performance.” Any sexual performance involving a child under 16 years old is a child sexual performance, and these crimes are extremely serious. They lead to significant prison time, the loss of reputation, and often occupation.

What is the difference between promoting (which includes possessing, manufacturing, selling, publishing) and exhibiting an obscene and degrading sexual performance involving a child?

Both of these charges are illegal under New York law. They are both class D felonies, and if convicted, you will face up to seven years in prison.

What Does It Mean To Possess Child Pornography?

Literally, being in possession of any material of a child under the age of 16 involved in a sexual performance is illegal. In the state of New York, the material could even be a simulated sexual activity of a child, but it is still considered child pornography and is a Class E Felony.

What if the Child said they were older?

The age mistake is a common defense that those arrested believe they can easily use to defend themselves in court. Child Pornography clearly dictates that the child is under the age of 16, so no matter how the child is perceived, by definition, it is criminal activity. Only a few occupations deem it necessary to be carrying child porn; for example, a specialized law enforcement officer could possibly be in possession of child pornography, but these cases are rare.

How Can I Defend Myself Against This Charge?

Pornographic charges are incredibly serious charges, so if you have found yourself in this position, don’t think for a minute that you can defend yourself! The persecution will bury you immediately, and you will go to prison. You will undoubtedly have to register on the sex offenders list, which will bring discrimination against you and your family for the rest of your life. Contact this New York criminal Lawyer team for a free consultation to discuss the crime and your rights.

Pornhub, a pornographic website, reportedly receives 28.5 billion hits or over 78 million hits a day, and this is only the tip of the iceberg with thousands of other websites displaying pornographic materials. Despite the efforts of many, pornography is increasing in every major country around the world, and more is being revealed every day because so much is unknown. Contact Raiser & Kenniff for information on a specific case.

Don’t deal with New York Child Pornography Frequently Asked Questions alone. Speak to the Spodek Law Group today.

New York Child Pornography Frequently Asked Questions

It is important to understand a bit about child pornography and the criminal penalties associated with it in New York City if you are serious about learning how the law works in this area. Unfortunately, it might be necessary if you find yourself in the defendant’s chair facing any charge related to this kind of activity in the state of New York.

What Does It Mean To Possess Child Pornography?

The exact definition of possession of child pornography in the state of New York is pretty straightforward. It is literally being in possession of a piece of material that shows a sexual performance of a child under the age of sixteen. If the material shows actual or even simulated sexual activity of that child, then it is considered to be child pornography in New York.

There are two categories of crime that can be charged under this statute. Those are possession of a sexual performance of a child and possession of an obscene performance of a child. There may seem to be little difference between the two, but the truth is that there is a bit of daylight between these two legal definitions. Each is considered a Class E Felony in New York.

How Can I Defend Myself Against This Charge?

This is an incredibly serious charge that you will want to obtain a lawyer to help you defend yourself against immediately. If you think that it is possible to get away with defending yourself against such a charge, think again. You will be buried by the prosecution so fast on this one that you won’t even know what hit you. Your only hope is one of the two following defenses:

Age Mistake- This is the defense that there is a reasonable assumption that the person in the material that you have is under the age of seventeen, then you might be able to defend yourself in court by making this claim. The court would have to agree that there was reason to believe this to be the case. It might be difficult to get away with this one for the simple fact that everyone sees age a little differently. What is clearly a child to one person may be obviously an adult to another. It is mostly a matter of definition.

Occupation- There are a limited few occupations in which it might be necessary to be in possession of child pornography. Think of the role that some specialized law enforcement officers play, for example. They may find the need to possess these materials from time to time. These are very rare cases, though.

What Happens If You Are Found Guilty?

The reality is that you could face prison or probation or some combination of the two. If you receive probation as either part or all of your sentence, you are going to have at least ten years of it. You might also go to prison for up to four years, depending on what the judge decides.

Besides all of that, you will have to register on the sex offenders watch list, which is a huge black mark to have in a society that does not give any mercy to sex offenders. It is something that you have to realize could happen to you. Never take a chance when accused of this kind of crime. It can ruin your entire life to even be accused of something like this. If you happen to be found guilty, then things only get worse from that point. Hire a lawyer right away.

New York Child Pornography Frequently Asked Questions

It is important to understand a bit about child pornography and the criminal penalties associated with it in New York City if you are serious about learning how the law works in this area. Unfortunately, it might be necessary if you find yourself in the defendant’s chair facing any charge related to this kind of activity in the state of New York.

What Does It Mean To Possess Child Pornography?

The exact definition of possession of child pornography in the state of New York is pretty straightforward. It is literally being in possession of a piece of material that shows a sexual performance of a child under the age of sixteen. If the material shows actual or even simulated sexual activity of that child, then it is considered to be child pornography in New York.

There are two categories of crime that can be charged under this statute. Those being possession of a sexual performance of a child and possession of an obscene performance of a child. There may seem to be little difference between the two, but the truth is that there is a bit of daylight between these two legal definitions. Each is considered a Class E Felony in New York.

How Can I Defend Myself Against This Charge?

This is an incredibly serious charge that you will want to obtain a lawyer to help you defend yourself against immediately. If you think that it is possible to get away with defending yourself against such a charge, think again. You will be buried by the prosecution so fast on this one that you won’t even know what hit you. Your only hope is one of the two following defenses:

Age Mistake- This is the defense that there is a reasonable assumption that the person in the material that you have is under the age of seventeen, then you might be able to defend yourself in court by making this claim. The court would have to agree that there was reason to believe this to be the case. It might be difficult to get away with this one for the simple fact that everyone sees age a little differently. What is clearly a child to one person may be obviously an adult to another. It is mostly a matter of definition.

Occupation- There are a limited few occupations in which it might be necessary to be in possession of child pornography. Think of the role that some specialized law enforcement officers play, for example. They may find the need to possess these materials from time to time. These are very rare cases, though.

What Happens If You Are Found Guilty?

The reality is that you could face prison or probation, or some combination of the two. If you receive probation as either part or all of your sentence, you are going to have at least ten years of it. You might also go to prison for up to four years, depending on what the judge decides.

Besides all of that, you will have to register on the sex offenders watch list, which is a huge black mark to have in a society that does not give any mercy to sex offenders. It is something that you have to realize could happen to you. Never take a chance when accused of this kind of crime. It can ruin your entire life to even be accused of something like this. If you happen to be found guilty, then things only get worse from that point. Hire a lawyer right away.

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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