New York Child Pornography Attorney
Child pornography charges are extremely serious. If convicted, you face the possibility of years in state prison and mandatory sex offender registration. Being convicted of possessing child pornography can lead to other consequences including eviction, immigration and international travel problems, loss of professional licenses, and joblessness. These cases are aggressively prosecuted in Manhattan, Brooklyn, Queens, The Bronx, and Staten Island in state and federal court. Fewer things carry the same stigma that this charge carries. The accused often suffers a rush to judgment where he is treated like he's guilty simply because he's been arrested. It's important to get immediate legal representation to protect your rights.
At the Law Office of Lance Fletcher, our former prosecutors and experienced attorneys are dedicated to defending you and protecting your rights. We understand how embarrassing and serious child pornography accusations are and the potential damage to your freedom and reputation. We also understand that recent advances in technology makes accidental or mistaken viewing of child pornography an increasing danger to everyone. Computer viruses, malware, and mislabeled links could all account for unintentional viewing which could lead to a charge for possession of child pornography. We are prepared to aggressively defend your case and fight for your rights in New York state and federal court.
The typical case can involve hundreds or thousands of images and/or videos showing children engaged in sexual activity but you can still be arrested for possessing even one illegal image. Peer-to peer-networks (a network whereby computer users directly connect to each other) are often alleged and search warrants before or after arrest aren't uncommon.
Child Pornography Charges in New York
Promoting a Sexual Performance By a Child, PL. 263.15
- Production, direction, or promotion of a performance (images/video)
- Involving sexual conduct
- Child less than 17
- Penalties: Up to 2.3 to 7 years incarceration, sex offender registration (SORA)
Possessing a Sexual Performance By a Child less than 16, P.L. 263.16
- Images / video with sexual conduct
- Child less than 16
- Penalties: 1.3 to 4 years, sex offender registration (SORA)
SORA, or the Sex Offender Registration Act, took effect in New York in 1996. Following conviction, a hearing is required to determine risk level. There are three risk levels. Level 1 is low risk, level 2 moderate, and level 3 is considered a high risk to the public. The names, photographs, and identifying information (age, date of birth, height, weight) of level 2 and 3 offenders is made publicly available on a New York State government website.
In New York state prosecutions, child pornography cases are handled by specialized units of the District Attorney's Office. The prosecuting attorney will often demand maximum penalties and sex offender registration. Mounting a thorough defense is the best way to protect your rights. If you have been arrested or are under investigation for any child pornography type offense, it is critical that you contact us at 212-619-3900 for a confidential consultation.