The attorneys at Greco Neyland, PC represent clients charged with child pornography under both state and federal law in Manhattan and throughout the five boroughs of New York City. Call us today for a free consultation to discuss the case against you.
After a criminal accusation is made, never talk to a law enforcement officer or other type of investigator until after you have secured the services of a qualified attorney to represent you. In many of these cases, the accusations become public after law enforcment officers execute a search warrant to seize computers and other items from a person’s home or business.
Child pornography charges often involve allegations of receipt, possession, copying, advertising, distribution, or production of materials that meet the requirements of depiction of minor children in a sexually explicit manner or some form of communication with a child for the purpose of sexual stimulation.
When a federal prosecutor brings child pornography charges against an individual, they typically perceive links between the person and the criminal activity, whether that is evidence that the person was in control of the computer that was the method for the distribution of the pornography or some other connection.
It is important to note that a person can be prosecuted under state child pornography laws in addition to, or instead of, federal law.
Under 18 U.S.C. §2256(8), the term “child pornography” is defined to include a photograph depicting sexually explicit conduct.
Under 18 U.S.C.§ 2256(a), the term “sexually explicit conduct” is defined as actual or simulated (a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (b) bestiality; (c) masturbation; (d) sadistic or masochistic abuse; or (e) lascivious exhibition of the genitals or public area of any person.
The two most common child pornography charges in New York City are:
Additionally, if a person sends images to a minor that may be deemed obscene, regardless of whether they are child pornography, charges may be filed that can result in a prison sentence of 10 years. If a person entices a minor to participate in the production of child pornography, the potential prison term is 15 to 30 years.
Federal child pornography charges carry serious penalties, including a mandatory minimum five-year prison term for receipt of pornographic images. The prison terms awarded for crimes involving child pornography may be decades long.
In fact, a child pornography conviction where the person has been convicted of a previous charge of child pornography may face a prison term of 40 years.
In addition, a person convicted of crimes involving child pornography may face large fines, which may be as much as $250,000, which wreak havoc on a family’s finances, as well as cause a significant stigma that follows a person for a lifetime.
If a person is convicted of a crime involving child pornography, then he/she will have to register as a sex offender, for the rest of their natural life.
The defense of a child pornography case involves challenges to the investigative techniques used by the law enforcement officers working with the Assistant United States Attorney who is in charge of the case. The method by which the evidence was collected is critical to the legitimacy of the case.
If the evidence was collected without the benefit of a warrant, then it may be in violation of the Fourth Amendment and therefore inadmissible in court. It is critical to have an attorney who understands how to evaluate the evidence with a critical eye for the legitimacy of the collection efforts.
Additionally, a computer forensic specialist will be needed to review the data collected on the hard drive of the accused to determine what digital footprints are present. This could make all the difference in the case at hand.
Some potential defenses include:
Related charges in New York’s state laws include disseminating indecent materials to a minor, sexual performance by a child, and endangering the welfare of a child.
Internet Crimes Against Children – The Internet Crimes Against Children (ICAC) Task Force has been established with federal funds. The Task Force joins the the New York State Division of Criminal Justice Services, the New York State Attorney General’s Office, and the New York State Police in an effort to arrest, prosecute, educate, and ultimately prevent crimes against children that are perpetrated via the Internet.
Citizen’s Guide to U.S. Federal Law on Child Pornography – Visit the website of the United States Department of Justice to find a citizen’s guide to U.S. Federal Law on Child Pornography including information on the requirements for federal jurisdiction. Also find information on penalties and punishments imposed in federal courts throughout the United States.
In Manhattan, our office is located a few blocks from the Federal courthouse for the Southern District of New York. Our office is also conveniently located just across the Brooklyn Bridge from the Eastern District of New York’s Federal courthouse. Having these conveniently located offices means we are close to the federal courthouses.
We believe in providing the highest quality representation at a fair and reasonable price. Call us at (212) 951-1300 or contact us, in order to schedule a free initial consultation. Learn how we can develop the best legal defense based on the facts of your case involving accusations of possession or distribution of child pornography under state or federal law.