Arrested for Possession Child Porn? What are the Consequences?

arrested  Child pornography charges are serious felony charges in New York. A person convicted of these charges can expect to spend many years in prison in addition to paying fines and other consequences. New York penal law 263.16 prohibits possessing a sexual performance by a child. Child porn laws under federal law carry even more harsher penalties, especially if they are inadvertently transmitted to another.

The law prohibits knowing possession or control of anything that portrays a child involved in any kind of sexual conduct. This also includes accessing the material with an intent to see it. That means it’s not a defense to claim that the person didn’t download or keep the material.

Possession of child porn in New York is a class E felony charge. If you’re convicted, you spend up to four years in prison. You also pay a fine of up to $5,000. Other examples of class E felonies are serious forms of theft and aggravated harassment.

If you’re facing a child pornography charge, our team of trial lawyers Manhattan can help you explore available defenses. There are a lot of ways that the state might not be able to prove its case against you. The crime of child porn is an intent crime. That means that the state has to prove that you knowingly had the images. They also have to show that the victim was under the age limit. That can be another factual question that it may be hard for law enforcement to prove.

At London Indusi LLP, our team of Manhattan criminal defense lawyers defends each client with vigor and enthusiasm. First, we examine the case for viable defenses. Even if the state’s case against you appears solid, because the charge is a class E felony, there may be a chance that our trial lawyers Manhattan can work with the state’s attorney to reduce the charges to a misdemeanor offense. The ancillary penalties of a felony conviction are palpable. It can be hard to find work, and you can no longer purchase a firearm or vote.

Seeking reduced charges is just one way to defend a child porn charge. When you work with our team, we aggressively pursue all defenses that may be available to you. If you’re facing a criminal charge in New York, please contact us.