Top Brooklyn, NY Child Pornography Lawyers Near You
Facing Federal or State Charges in New York or New Jersey? Retain a Respected & Successful NYC Criminal Defense Lawyer. Samuel has been Selected to Super Lawyers Since 2011!
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FOCUSED on FEDERAL CHARGES. Experienced Former Federal Prosecutor, Protecting Your Rights & Freedom In Your Defense Of A Federal Criminal Charge
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With Almost 30 Years of Criminal Law Experience, Mr. Tilem, a Former Prosecutor and His Team Have the Skills, Experience, and Knowledge To Defend Your Rights and Win Your Case.
A Strong Defense From A Former NYC Prosecutor. Experience On Both Sides Of The Courtroom. Call For FREE Consultation. Avail 24/7
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123-60 83rd Avenue, Suite 1T, Kew Gardens, NY 11415
Law Office of Luke Scardigno helps clients in the Brooklyn area handle cases involving Child Pornography.
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16 Court Street, Suite 3500, Brooklyn, NY 11241
Getting legal representation for your Child Pornography issue is easier than you think. Let Law Offices of Samuel Gregory P.C. in Brooklyn, New York help you today.
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521 Fifth Avenue, Suite 1729, New York, NY 10175
Contact The Law Office of Jeffrey Chabrowe in Brooklyn, New York for experienced legal assistance in Child Pornography.
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155-03 Jamaica Avenue, Jamaica, NY 11432
Westchester Financial Center, 50 Main Street, Suite 1000, White Plains, NY 10606
306 Atlantic Avenue, Brooklyn, NY 11201-5125
863 Islip Ave, Central Islip, NY 11722
1441 Broadway, 3rd FL, New York, NY 10018
176 Lexington Ave, Suite O, New York, NY 10016
26 Court Street, Suite 2306, Brooklyn, NY 11242
450 7th Ave, Suite 408, New York, NY 10123
350 Motor Pkwy, Suite 308, Hauppauge, NY 11788
1424 Zerega Ave, Bronx, NY 10462-5410
7 Times Sq, 44th Floor, New York, NY 10036
1 Dosoris Lane, Glen Cove, NY 11542
45 Rockefeller Plaza, New York, NY 10111-0100
350 Broadway, Suite 1201, New York, NY 10003
136-18 39th Ave, 8th FL, Flushing, NY 11354
950 Third Ave, Suite 2400, New York, NY 10022
100 Quentin Roosevelt Bld, Ste 511, Garden City, NY 11530
700 White Plains Road, Suite 237, Scarsdale, NY 10583
1177 Avenue of the Americas, 41st Floor, New York, NY 10036-2714
1211 6th Ave, 26th Floor, New York, NY 10036
299 Broadway, Suite 1400, New York, NY 10007
87 Walker St, 2nd Floor, New York, NY 10013
Brooklyn Child Pornography Information
Lead Counsel independently verifies Child Pornography attorneys in Brooklyn and checks their standing with New York bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.Client Commitment
Pledge to follow the highest quality client service and ethical standards.
What Is Considered Child Pornography?
Under federal law, child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (someone under the age of 18). Sexually explicit conduct means actual or simulated:
- Sexual intercourse
- Bestiality
- Masturbation
- Sadistic or masochistic abuse
- Lascivious exhibition of the genitals or pubic area
Child pornography may also include images or videos of child sexual abuse. In the past, pornography generally involved videos or photos. However, visual depictions of sexual activity may take many other forms, including any undeveloped film, data stored on a computer disk, data capable of conversion into visual imagery, peer-to-peer file sharing, or computer-generated child porn images.
Laws against child pornography make it a crime to be involved in the material in any way, including:
- Possession
- Receiving
- Trading and distribution
- Reproduction
- Production
- Solicitation
What Are the Elements of Child Pornography Charges?
When someone is accused of possession of child pornography, the prosecutor has the burden of proof to prove every element of the criminal charges beyond a reasonable doubt. The elements vary by jurisdiction but generally include the prosecutor proving the defendant knowingly possessed or controlled material containing a visual depiction of a minor involved in sexually explicit conduct.
What Are the Penalties for Child Pornography in New York?
Child pornography is a form of child exploitation. The courts take sexual exploitation of a child charges very seriously. There are harsh penalties for possession, distribution, or receipt of child porn material, even if the individual was not involved in direct abuse. In general, any child pornography charge is a felony. Penalties depend on a number of factors, including the amount of material involved, age of the victim, participation in abuse, and prior child pornography convictions.
For example, under federal child pornography laws, a first-time offender convicted of production of child pornography can face a minimum of 15-year prison sentence. A second offense is punishable by imprisonment from 25 years to 50 years. A third conviction includes a maximum of life in federal prison.
When a judge uses sentencing guidelines, they may take into account a number of factors. Aggravating factors can involve harsher penalties, up to the maximum sentence. Aggravating factors in child pornography cases may include:
- Explicit depictions of a minor under the age of 12
- Distribution of material to a minor
- Sadistic, masochistic, or violent depictions
- Number of images of child pornography
Will I Have to Register as a Sex Offender in New York?
After release from imprisonment or serving out probation, someone convicted of possession or distribution of child pornography may have to register as a sex offender. Mandatory sex offender registration is a continuing obligation to notify and update law enforcement agencies annually and whenever the offender moves. Depending on the child pornography offense and the state, registration may be a lifetime duty. Failure to register or moving without notifying law enforcement may result in criminal charges.
Sex offender registration is generally publicly available. Most states have a searchable website where individuals can search for a registered sex offender by name or location. The online sex offender registry generally includes the offender’s:
- Name
- Photograph
- Age
- Criminal offense
- Identifying information
Do I Need a Lawyer If I Am Facing Charges for Child Pornography?
With such serious criminal penalties involved in sex crimes, you may want to contact an experienced criminal defense lawyer for advice. A child pornography lawyer will be able to explain your legal options, evaluate every viable defense, and can challenge the prosecutor’s evidence. After formal charges are filed, your options are generally to plead guilty or take your case to court. Skilled attorneys can also help you negotiate a plea agreement to reduce the charges, try and get the minimum sentence, or have some charges dismissed. Talk to a defense attorney about your strongest defense options.
Are There Legal Defenses to Child Pornography Charges?
When law enforcement agencies conduct a law enforcement investigation, their evidence may only consist of the evidence of pornographic materials on someone’s computer or an IP address using file-sharing programs to exchange digital images. They may not have direct evidence that the defendant accessed or shared the information. It may be an effective defense to show the computer was shared with a roommate or others. Other common defense strategies may include:
- Wireless router was not secured and accessible to others
- Defendant did not know a shared file contained illegal images
- Images were artistic depictions with serious artistic, political, or scientific value
- Individual portrayed was 18 years old or older at the time
Was the Search of My Computer Legal?
Law enforcement cannot just search anyone’s computer for illegal material. Generally, the police need to have search warrants to conduct a search of computers, homes, vehicles, or other private areas. However, there may be several exceptions where the police do not need a warrant, including when the owner gives consent to search.
If the police conducted an unlawful search, it may be a violation of your constitutional rights against unreasonable search and seizure. Your attorney may be able to file a motion to suppress any unlawfully obtained evidence to keep it out of court. Without evidence of child pornography, the prosecutor may not have a strong enough case to move forward.