NYC Child Pornography Attorney

At Cohen Forman Barone P.C, we understand the gravity of child pornography charges and the devastating impact they can have on both the accused and society as a whole. Our experienced and compassionate legal team is dedicated to providing comprehensive legal representation for individuals facing child pornography charges in New York City. We believe in upholding the principles of justice and ensuring that every client receives a fair trial.

Call Cohen Forman Barone P.C today at (212) 577-9314 or contact us online to schedule a consultation with our child pornography attorney in NYC.

What is Child Pornography?

Child pornography involves the creation, distribution, possession, or viewing of explicit images or videos involving minors engaged in sexual acts. In New York, child pornography charges encompass various activities, including producing, distributing, or possessing explicit content involving individuals under the age of 18. This sexual offense is considered a grave violation of state and federal laws, and those accused of such crimes may face severe legal consequences.

Under New York Penal Law Section 263.00, some common charges related to child pornography include:

• Possession of Child Pornography: The possession of any material that contains images or videos of minors engaging in sexually explicit conduct, even if the individual did not create or distribute the content. Penalties include up to 3 years in prison and fines.
• Promoting Child Pornography: This charge applies to individuals who create, distribute, or promote child pornography through the use of various methods, including online platforms, websites, or other means of distribution. Penalties include up to 25 years in prison.
• Manufacturing Child Pornography: This offense involves the creation of explicit images or videos of minors, which is the most serious form of child pornography offense. It involves producing or participating in the production of sexually explicit material involving minors. Penalties include up to 25 years in prison
• Possession of Child Pornography with Intent to Distribute: If an individual is found with a significant quantity of child pornography, and there is evidence that the intent was to distribute the material, this can result in more severe penalties.

What are the Penalties for Child Pornography in New York?

Child pornography charges in New York are met with stringent penalties, reflecting society's determination to protect the most vulnerable members of our community. Penalties for child pornography convictions may include:

• Imprisonment: Convictions for child pornography offenses can lead to significant prison sentences, ranging from several years to life, depending on the severity of the charges.
• Fines: Individuals found guilty of child pornography may face substantial fines designed to deter and punish offenders.
• Mandatory Registration: Convicted individuals are required to register as sex offenders, subjecting them to lifelong public scrutiny and monitoring.
• Probation: Some offenders may be sentenced to probation, during which they must adhere to strict conditions to prevent further illegal activities.
• Restitution: Courts may order restitution to compensate victims for emotional distress, counseling, or other relevant expenses.
• Asset Forfeiture: Authorities can seize assets related to the offense, such as computers, equipment, or profits, depending on the circumstances.

Our dedicated New York City child pornography lawyers at Cohen Forman Barone P.C, possess an in-depth understanding of the complexities of child pornography laws in New York. We are committed to employing our legal acumen to build a strong defense strategy tailored to the unique circumstances of your case.

How do Investigators Discover Child Pornography on My Device?

Law enforcement uses a variety of methods to discover child pornography, including:

• Digital forensics: Investigators analyze computers, smartphones, and other devices to find illicit material.
• IP address tracking: Authorities track internet activity to identify individuals who have downloaded or shared illegal content.
• Peer-to-peer (P2P) networks: These networks can be monitored for child pornography distribution.
• Reports from tipsters: Individuals may report suspicious activity to authorities, leading to investigations.

If you’re facing child pornography charges, a NYC child pornography lawyer can examine how the evidence was obtained and challenge improper practices.

What are Common Defenses Against Child Pornography Charges?

Mounting a strong defense against child pornography charges requires an in-depth analysis of the evidence and an understanding of the law. Our seasoned defense attorneys can employ a range of defense strategies, including:

• Lack of Knowledge or Intent: Demonstrating that the accused was unaware of the content's nature or origin can be a valid defense strategy.
• Illegal Search and Seizure: If law enforcement officers violated an individual's Fourth Amendment rights during the investigation, evidence may be suppressed.
• Mistaken Identity: In some cases, mistaken identity or false accusations can lead to wrongful charges.
• Entrapment: If law enforcement agents induced or coerced the accused into committing the offense, entrapment could be a viable defense.
• Chain of Custody Issues: Establishing that evidence was mishandled or tampered with can cast doubt on its reliability.
• Violation of Constitutional Rights: Ensuring that the accused's rights are upheld during the investigation and legal proceedings is crucial.

What Should I Do If I’m Accused of Child Pornography in New York?

If you are accused of child pornography, it’s crucial to act quickly:

• Contact a skilled NYC child pornography lawyer immediately: Do not speak to law enforcement without legal representation.
• Do not delete any files or evidence: Deleting or attempting to hide evidence could lead to more severe charges.
• Avoid discussing the case: Keep all conversations about the case private and only discuss them with your attorney.

A lawyer can investigate the evidence, review the circumstances of the arrest, and build a defense strategy to protect your rights.