A Staten Island Child Pornography Lawyer can tell you that this offense involves the possession of recorded images of a child that is engaging in sexual activity or is unclothed. Our team can explain that possessing or distributing these types of materials is a very serious offense in state and federal court. The NY District Attorney and the U.S. Attorney are aggressively pursuing and prosecuting these crimes. Because of the offensive nature of these offenses, law makers are seeking to expand the existing laws and are seeking to include the possession of sexually explicit graphic images and cartoons as child pornography. If you or a loved one has been charged with this or other sexual offense, such as rape, sexual assault or sodomy it is important to ensure that your rights are protected. If you are convicted, you could be facing very serious consequences that can include prison time, probation, and the necessity to register as a sex offender. Speak to Stephen Bilkis & Associates, PLLC for legal guidance and a free consultation today.
Police and investigators use a variety of tactics to apprehend child pornographers, which includes raiding businesses that sell pornographic material. They will access the businesses computer hard drives and gather their customer information. Once the DA and U.S. Attorney gather these materials, they will obtain a search warrant and seize the customer’s materials and arrest them. They will also investigate who these people have been sharing computer files with, and will be able to do a large sweep, arresting many people at the same time.
Federal law 18 USC 2252 and 2252 (a)(5) says that the illegal possession of child pornography is knowingly possessing or accessing these materials with the intent to view any book, film, magazine, computer disc or video tape that depict images of child pornography. This also includes any images that are transmitted via file sharing, chat rooms, through message boards or ftp sites. This includes internet sites that are hosted outside of the United States.
The punishment for these offenses is severe. Even in the case of possession, prison time is the norm. In an instance involving the transmission of pornographic material, the minimum prison sentence is 5 years. The maximum sentence for this offense ranges from 10 years to life in prison. In addition to these sentences the defendant will also be required to register as a sex offender for the rest of their lives.
In New York, every convicted sex offender is required to register, irrespective of the actual offense involved, or whether the crime was committed in the state of New York. The laws that require this are in a state of flux, however the courts have currently held that each sex offender is presumptively considered a level 2 offender under SORA. This requirement to register is for life.
Being charged with a sex offense is life changing. Not only do these crimes bring serious legal consequences, they can wreak havoc on the defendant’s personal and professional life. If you have been charged with a sexual offense such as child pornography or other sexual offense such as Rape or assault, it is important to seek legal help as soon as possible.
Contact our legal team today for sound guidance and a free consultation. We have offices to serve you throughout New York City, including locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have offices in Suffolk County and Nassau County on Long Island, and Westchester County. Call us today to schedule your free appointment at 800.696.9529.