A Suffolk County Child Pornography Lawyer can explain that this crime involves the possession and distribution of pictures or images that depict children and teenagers (under 18 years old), engaged in sexual activity or in a state of undress. The distribution of the materials or being in possession of them is a serious matter in both state and federal court. The U.S. Attorney as well as the NY District Attorney focus much of their efforts in locating and apprehending child pornographers. Because of the inherently offensive nature of these crimes, legislators are seeking to expand the current laws and want to make the possession of sexually explicit graphic images or cartoons illegal as well. If you or a loved one has been charged with a Sex Crime, including rape, sexual harassment or Sexual Assault, it is important to seek legal guidance right away. If you are convicted, the consequences for these crimes can be very serious. Contact a Suffolk County Child Pornography Lawyer from Stephen Bilkis & Associates, PLLC for legal advice and a free consultation.
Law enforcement us a variety of tactics to locate and apprehend child pornographers, which include raiding companies and organizations that sell pornography. The police will then be able to obtain credit card information on the people who do business with these companies, and via a search warrant, seize the person’s pornographic materials and arrest them. Through the investigation, the police will be able to locate who the individual has been sharing files and images with, and will be able to arrest a large amount of people in a short period of time.
It is important to always remember that everything you do on the internet is recorded somewhere, and any online interaction you have can be forwarded to the authorities. If you receive a call from the U.S. Postal Service, the Department of Homeland Security or the F.B.I. about your internet use, it is extremely important to not return this phone call without speaking with our legal team first.
Pursuant to Federal Law 18 USC 2252 and 2252(a)(5), the illegal possession of child pornography is defined as follows: knowingly possessing or accessing pornographic materials with an intent to view any magazine, video tape, book, film or computer disc that depicts images of child pornography. These images can also include computer images that are transmitted via message boards, email and file sharing sites, and includes sites that are hosted outside of the United States.
These crimes carry very stiff penalties. Even in the instance of possession, prison time is fairly standard. Regarding the transmission of illegal images and materials, there is a mandatory five year federal prison term. In addition to prison, the defendant will be required to register as a sex offender pursuant to SORA. On the defendant has registered, this information becomes a matter of public record. This is not only embarrassing; it creates difficulties in securing employment and housing in the future.
In the state of New York, all sex offenders must register as a sex offender, regardless of the actual offense involved, and whether the offense was committed in New York or out of state. The laws governing this requirement are in a state of flux, however currently the courts have ruled that all sex offenders are presumptively considered level 2 sex offenders. This development however, was just recently overruled by the New York Board of Examiners of Sex Offenders.
If you or a loved one has been charged with a sex crime, contact us today for a free consultation. We have offices to serve you throughout New York City, including locations in Queens, Manhattan, Brooklyn, the Bronx and Staten Island. We also have locations to serve you in Suffolk County and Nassau County on Long Island and Westchester County. Call today to schedule your appointment at 800.696.9529.