Child Pornography Possession vs. Distribution Charges in NYC: How the Legal Strategy Changes

Many individuals are unaware of the difference between child pornography possession vs. distribution charges in NYC. However, these are two distinct charges that carry different legal penalties. If you or someone you love is facing a child pornography charge in NYC, it’s crucial that you understand the exact nature of the charges against you and what legal options are available.

The team at Greco Neyland, PC, has been passionately serving residents across New York for years. Our attorneys understand just how complex and nuanced sex crime cases can be, which is why we are prepared to work tirelessly to protect your rights throughout your case.

The Difference Between Child Pornography Possession and Distribution

In 2024, there were 1,375 child pornography cases reported to the United States Sentencing Commission. According to the Department of Justice, child pornography includes sexually obscene material involving a minor, including abuse.

There are a variety of criminal charges that may involve child pornography, including possession and distribution. These charges look like:

1. Possession. Child pornography possession involves downloading, buying, or owning physical copies of obscene sexual material involving minors. Under federal law, 18 USC §2252A(a)(5)(B), the possession of child pornography is punishable by up to 10 years in prison. Under New York state law, your case may be considered a Class E felony and may result in up to 4 years in prison.
2. Distribution. Compared to the possession of child pornography, distribution is a more severe offense. It involves not just owning, but sharing, selling, or sending sexually explicit material involving minors. Under federal law 18 USC §2252A(a)(2)(A), distribution of child pornography can result in up to 20 years in prison. It is also a Class D felony in New York.

Many defendants don’t realize that a possession case can quickly be elevated to a distribution case. This is because, as soon as an individual begins sending around obscene content involving a minor, they are doing more than just owning or viewing the content. They are now distributing it.

Hire a Child Pornography Lawyer Who Can Help

A skilled NYC child pornography lawyer can help you understand the type of charge you’re facing and the strongest defense strategy to employ in your situation. If your case is elevated from possession to distribution, they can help you modify your legal strategy to ensure your rights are protected throughout every proceeding.

Because possession charges may require different defenses than distribution charges, it’s crucial that you hire a lawyer who can help you better understand the exact nature of your charges and what defense is right for you.

Contact Greco Neyland, PC, Today

Facing a child pornography charge can be more than daunting, as a conviction can bring lifelong penalties and stereotypes that follow you for years to come. At Greco Neyland, PC, we understand the weight that these kinds of cases carry, and we are prepared to use our legal knowledge to fight for your future. Contact us to schedule your consultation today.