Written By: Robert King, Esq.
Legal Review By: Greg Colavecchia, Esq.
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Rochester Child Pornography Lawyer

Arrested For The Possession Of Child Porn?

In New York State, both internet and 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 pornography crimes.

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 King Law today by calling (585) 270-8882.

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, 2017, and 2018 Super Lawyers Rising Stars lists, 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) 270-8882 today and request a free case evaluation.