Westchester County Child Pornography Lawyer
Although public opinion of child pornography and those who possess it is low to say the least, it is not impossible for someone accused of a crime related to child pornography to be innocent. These defendants deserve all the legal rights that everyone else has, including the right to a fair trial.
To help protect your rights in such a situation, get in touch with a Westchester County child pornography lawyer. A dedicated attorney who is familiar with New York Penal Law could review your situation and advise you on your legal options. They could also work with you to decide on a defense strategy and ensure that you have all the resources you need to make informed decisions on your case.
Child Pornography Laws Applicable to Westchester County
New York Penal Law criminalizes several different offenses relating to any sexual performance by a child. New York Penal Law §263.00 defines a sexual performance in this context as any performance that includes sexual conduct by a child under 16 years of age or, for some offenses, under 17 years of age.
There are three primary categories of crimes involving a sexual performance by a child:
- Use of that child in the performance
- Promoting the performance
- Owning or possessing a copy of the performance
Under NYPL §263.05, an individual is guilty of a felony if they employ, authorize, or induce a child to participate in a sexual performance. This criminal charge is often directed towards individuals who are accused of producing child pornography. Use of a child in a sexual performance is a class C felony, which is punishable by a prison term of up to 15 years.
By contrast, an individual may be found guilty of promoting a sexual performance if they produce, direct, or promote any sexual performance by a child, according to NYPL §263.15. As a class D felony, this charge carries a potential prison term of up to seven years.
Finally, NYPL §263.16 criminalizes possession of or access to any sexual performance by a child and treats it as a class E felony punishable by a prison sentence of up to four years. Courts and prosecutors often apply this section of New York Penal Law to those who are accused of owning child pornography in any form.
Challenging Child Pornography Charges
New York Penal Law authorizes two statutory defenses in challenging child pornography charges. First, under NYPL §263.20, a defendant may be able to claim that they reasonably believed the person appearing in the performance was over the age of consent. If that is indeed the case, the performer would not be considered a child under New York child pornography laws.
Additionally, an individual is not guilty of child pornography charges solely by being employed in any promotion, presentation, or distribution of any sexual performance by a child. In other words, regular employees who have no supervisory control over or any financial interest in the performance may be exempted from any child pornography charges.
For information on other potential defenses, including challenging improper searches or seizures of electronic equipment, get in touch with a Westchester County child pornography lawyer immediately.
Contact a Westchester County Child Pornography Attorney Today
If you were accused of or charged with charges related to child pornography in New York, you may be wondering how best to defend yourself and who to call to help you make sense of your situation. If you need help, contact a Westchester County child pornography lawyer as soon as possible.
Skilled attorneys are available to help you defend your rights and best interests by reviewing the charges against you and advising you on your legal options. Then, they could plan a defense strategy that best suits your case. Get in touch today to schedule a consultation and get started on your case.