A Queens Child Pornography Lawyer can explain that the offense of child pornography involves recorded images of children under 18 years of age that are engaging in sexual activity or are unclothed. Our legal team can explain that distributing or possessing any of these types of materials is a serious offense in state as well as federal court. The District Attorney and the U.S. Attorney are currently aggressively pursuing and prosecuting these types of offenses. Due to the heinous nature of these crimes, law makers are also focusing their sights on making the possession of sexually explicit cartoons or graphic images a criminal offense as well. If you have been charged with this or other Sex Crimes, if it important to ensure that your rights are protected. If convicted you could be facing serious penalties that could include prison time, and the necessity to register as a sex offender. Contact Stephen Bilkis & Associates, PLLC for guidance and a free consultation as soon as possible.
Law enforcement uses various tactics to apprehend child pornographers, which can include raiding companies that are in the business of selling these pornographic materials and collecting their customers personal information and credit card numbers. Once the District Attorney and U.S. Attorney are able to locate these individuals, they will promptly seek to obtain a search warrant of the customer’s home and/or business and arrest them. Law enforcement will then investigate who they have been sharing these files with, and will make a large sweep which involves arresting a large amount of suspects at once.
Pursuant to federal law (18 USC 2252 and 2252A (a)(5), the illegal possession of child pornography is defined as knowingly possessing and/or accessing these material with an intent to view any magazine, book, film, periodical, computer disc, video tape or other materials that depict images of child pornography. It is important to be aware that this also would include any images that are transmitted in hosted chat rooms, file sharing sites, message boards or ftp sites, which includes sites that are hosted outside of the United States.
Defendants are often shocked at the severity of the sentences for these Sex Crimes. Even in the case of possession, prison time is standard. In cases that involve the transmission of pornographic material, there is a minimum 5 year federal prison term. The maximum sentence of this crime can range anywhere from 10 years to life in prison. In addition to lengthy prison time, the defendant will also be required to register as a sex offender for life.
In the state of New York, all convicted sex offenders are required to register, regardless of whether their offense what committed in New York or out of state. The laws that govern this requirement are in a state of flux, however the courts have currently held that all sex offenders are presumptively considered level 2 sex offenders under SORA, which requires lifetime registration on the part of the defendant. This development however, has recently been overruled by the New York Board of Examiners of Sex Offenders, but the law is constantly changing.
Being charged with this or other sex crime is life changing to say the least. Not only do these offenses bring very severe penalties, they can damage your personal and professional relationships. Registering as a sex offender alone can create problems with employment and housing. It is important to speak with a qualified attorney from our team to ensure that your rights are protected. Speak with our skilled legal team today for a free consultation. We have office locations to serve you in New York City, including offices in Queens, the Bronx, Manhattan, Brooklyn and Staten Island. We also have locations in both Nassau County and Suffolk County on Long Island, as well as Westchester County. Contact our office today to schedule your free consultation at 800.696.9529.