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Distribution of Child Pornography Charges in Federal Court in New York
Distribution of Child Pornography Charges in Federal Court in New York
Child pornography is a serious issue in New York and across the United States. While viewing or possessing child pornography is illegal, distributing it leads to even more serious charges in federal court. This article will examine the laws around child pornography distribution in New York, recent cases, defenses used, and the implications of being charged with this crime.
Child Pornography Laws in New York
There are several laws in New York that specifically prohibit the distribution of child pornography:[1]
- New York Penal Law §263.15 – Promoting a Sexual Performance by a Child
- New York Penal Law §263.16 – Possessing a Sexual Performance by a Child
- New York Penal Law §263.11 – Possessing an Obscene Sexual Performance by a Child
These laws make it a felony to knowingly promote, possess, or disseminate visual depictions of child pornography. This includes photographs, videos, digital images, books, magazines, etc. The definition of “promote” is broad and includes selling, loaning, distributing, publishing, circulating, disseminating, presenting, producing, directing, manufacturing, issuing, or advertising. [2]
Under New York law, an individual can be charged with promoting child pornography even if they were not involved in the initial production. Simply sharing or distributing the content after the fact is illegal. Defendants have been charged for emailing, texting, uploading, and even showing child pornography to others.
In federal court, defendants face charges under laws such as the Protection of Children Against Sexual Exploitation Act. This law prohibits the distribution and receipt of child pornography using mail or interstate/foreign commerce. Penalties are severe, with potential minimum sentences of 5-15 years in prison depending on the number of images distributed and whether the individual has prior convictions. [3]
Recent Cases and Defenses
There have been several high profile federal cases in New York involving the distribution of child pornography via the internet and file sharing programs:
- In 2019, a defendant was charged with distribution after he sent child pornography images to an undercover federal agent through a messaging app. He claimed he was roleplaying and did not actually have sex with minors. He was still found guilty. [4]
- In 2018, a New York man was sentenced to 5 years in prison for using a file sharing network to distribute over 600 images and 100 videos of child pornography. His defense unsuccessfully argued that he did not upload or share the files intentionally. [5]
- A college professor was indicted in 2017 for using a peer-to-peer file sharing program to distribute over 100 videos of child pornography. He claimed he was researching child pornography networks, not distributing illegal content. The research defense did not work.
Some common defenses used in these child pornography distribution cases include:
- Lack of knowledge – Claiming the defendant did not know the files contained child pornography.
- Accidental distribution – Arguing the defendant did not intentionally upload or share the illegal files.
- First Amendment – Attempting to claim child pornography prohibitions violate free speech.
- Law enforcement entrapment – Alleging police tricked the defendant into distributing child porn as part of a sting operation.
However, these defenses rarely succeed in federal court, especially if there is clear evidence the defendant used file sharing networks, email, apps, etc. to distribute explicit child pornography intentionally. Simple possession itself is usually enough to result in a conviction.
Implications and Consequences
The implications of a federal child pornography distribution conviction are severe. Defendants face long mandatory minimum prison sentences, steep fines, asset forfeiture, lifetime sex offender registration, and loss of reputation, employment, and professional licenses. Their families also suffer greatly from the stigma associated with these charges.
Defendants convicted of child pornography distribution often face 5, 10, or 15 year mandatory minimums under federal sentencing guidelines. Even first time offenders with no criminal history typically receive 5-7 year sentences. The average sentence is 8-13 years. However, some defendants are sentenced to 20 years or even life in federal prison depending on the extent of their crimes.
Fines up to $250,000 are common. Defendants also face asset forfeiture, having property and money seized if it is deemed to have facilitated their crimes. All assets connected to the distribution, such as computers, phones, cameras, cloud storage, bitcoin, vehicles, etc. may be taken.
Sex offender registration follows most defendants for life. Their names, photos, addresses, and crimes appear on public sex offender registries. Residency restrictions can also apply, barring them from living near schools, parks, or other areas children frequent.
In addition, most defendants lose their jobs, professional licenses, and standing in the community after being convicted of such socially unacceptable crimes. Their families also face ongoing stigma and isolation. Parents of defendants have lost jobs after their child’s charges became public.
While the penalties for child pornography distribution are severe, lawmakers, courts, and much of society agree that harsh punishment serves important goals of deterring these crimes and protecting vulnerable children from exploitation. However, each case should be evaluated carefully, as overly broad enforcement also risks harming civil liberties.
In conclusion, anyone charged with distribution of child pornography in New York should retain an experienced federal criminal defense attorney immediately. Though defending these cases is difficult, a skilled lawyer can challenge flaws in the investigation, raise constitutional issues, negotiate better plea deals, and advocate for the lowest possible sentence under the circumstances.
References
[1] https://www.nysenate.gov/legislation/laws/PEN/A263
[2] https://www.nysenate.gov/legislation/laws/PEN/263.15
[3] https://www.law.cornell.edu/uscode/text/18/2252A
[4] https://www.justice.gov/usao-sdny/pr/manhattan-man-sentenced-70-months-prison-distributing-child-pornography
[5] https://www.justice.gov/usao-wdny/pr/rochester-man-sentenced-distributing-child-pornography
https://www.nbcnewyork.com/news/local/nyc-college-professor-former-de-blasio-admin-official-arrested-child-porn/17284/
https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20171207_Child-Pornography.pdf