New York Child Pornography Frequently Asked Questions
Overview
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.
Current Statistics
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.:
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(212) 300-5196- 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.
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A father discovered that his teenage son had been sharing explicit images of a fellow minor classmate through a group chat, and now detectives from the local police department have contacted the family requesting to examine the son's phone and computer. The father is unsure whether his minor child could actually face child pornography charges under New York law for possessing and distributing these images.
Can my minor child be charged with child pornography offenses in New York for sharing explicit images of another teenager?
Under New York Penal Law § 263.15 and § 263.16, possessing or promoting sexual images of any person under 16 constitutes a serious criminal offense regardless of the age of the person who shared them. While New York does not have a comprehensive 'sexting' safe harbor for minors, a juvenile could face charges ranging from Possessing a Sexual Performance by a Child (a Class E felony) to Promoting an Indecent Performance by a Child. It is critical that you do not consent to any device searches without first consulting an attorney, as anything recovered can be used to build a case under both state and federal law, including 18 U.S.C. § 2252. An experienced defense lawyer can work to protect your child's future by exploring diversionary programs, challenging the scope of any search warrants, and negotiating to avoid sex offender registration requirements.
This is general information only. Contact us for advice specific to your situation.
