Rochester Child Pornography Lawyer
Arrested for the Possession of Child Porn?
In New York State, both
sex-related crimes are taken extremely seriously and punished harshly. This is especially
true in circumstances where both alleged violations overlap, such as most
cases involving child pornography. A careful and unbiased eye is required
to ensure that allegations alone do not lead to convictions, as society
and the media can become overzealous when trying those accused of child
New York’s criminal justice system deals with child pornography with
laws that refer to the “sexual performance by a child,” which
involves any actual sexual activity that is performed by a minor. This
can also include any lewd exhibition or exploitation of said minor.
There are two laws that deal specifically with the sexual performance by
a child in New York:
Possession: This is defined as having on your person or in your property the images
of a minor younger than 16 who is either engaging sexual activities or
a lewd exhibition. There are many different types of materials and mediums
that fall under this law, such as photos, books, and movies.
Promoting: This law deals with the promotion of illegal material, either by transmitting
it online, selling it, offering it, trading it, or otherwise making it
available to others. Most commonly, this promotion is done through email,
online bulletin boards, torrent streams, and data shares.
Regardless of whether you have been criminally charged with the possession
or promotion of child pornography, it is critical that you get experienced
legal representation from a defense lawyer you can trust.
Contact a Rochester child pornography attorney from The Law Office of Robert King today.
Harsh Penalties, Even for Accusations
The social stigma attached to child pornography crimes makes it incredibly
difficult to find a fair and balanced justice system in which to try the
alleged violation. People accused of this criminal act are often pressured
into taking a plea bargain just to bring the case to a close before word
of it spreads. This is, simply put, unfair and unacceptable. Justice needs
to be unbiased, and those accused of possessing or distributing child
pornography must be shielded from one-sided scrutiny.
What can make a child pornography crime accusation more damaging than most
other alleged crimes is the fact that it immediately destroys the accused
person’s reputation. Guilty or not, they can face unforgiving judgment
from their peers and family members. Although the connection may not be
readily noticeable, this can ultimately lead to lost career or educational
opportunities, as well as a general disconnection from the community.
Criminal penalties associated with child pornography convictions include:
- Lengthy jail time
- Fines to the state
- Fees to the alleged victim’s family
- Sex offender registration
New York Ruling on the “Viewing of Child Porn”
In 2012, the New York Court of Appeals in Albany delivered a ruling that
stated that simply viewing child pornography is not a crime, nor does
it meet the defined criteria for possession. Per the ruling, the meet
the criteria of possession, more affirmative or deliberate actions must
be taken by the individual, such as printing, downloading, or saving the
illicit material. This mostly boils down to intent to access child pornography,
which can be demonstrated by the aforementioned actions.
This opens up an interesting form of defense against allegations of child
pornography possession. Many accusations could stem from misunderstandings
or exaggerations. To simply catch someone in the act of looking at child
pornography is not enough to constitute a crime. There must be evidence
that the material is saved somewhere on the computer; in many cases, this
evidence does not exist.
Former Prosecutor Providing Defensive Counsel
As a former prosecutor, Attorney Robert King knows just how the prosecution
will come after you and try to show you’re guilty of the alleged
crime. This unique insight is a powerful advantage that he has used throughout
his career in hundreds of cases that have gone to trial. He has also been
included in the 2016 Super Lawyers Rising Stars list, a prestigious honor
reserved for less than 2.5% of attorneys in the state.
If you would like to learn more about how our Rochester
criminal defense can help you with complex cases and sex crimes charges, such as those
involving child pornography accusations, do not hesitate to call
585.286.5124 today and request a
free case evaluation.