Get the information you need to take the correct next steps, and then let our team of criminal defense attorneys rigorously defend your case. One of the most frequently invoked rights of U. The federal government has ruled, however, that obscenity and pornographic material involving children is not protected speech.
Child pornography includes any pornography involving a minor under the age of Child pornography can be in the form of drawings, film, photos, magazines, and more. Child pornography is illegal at the state and federal level, with most charges being filed in federal court.
Child pornography is serious offense under both state and federal law. Both federal and state law prohibit the creation, distribution, reception, possession, and importation of child pornography. If convicted of any of these crimes, the defendant faces substantial imprisonment and fines.
If you have child pornography on your computer you have committed a federal crime and possibly a State crime by its mere possession. A few clicks on your mouse and you may face a life changing series of events that will alter your life forever. In US vs.
The Supreme Court of the United States has found child pornography to be " legally obscene ", a term that refers to offensive or violent forms of pornography that have been declared to be outside the protections of the First Amendment to the United States Constitution. The latter two categories are legally protected unless found to be obscenewhereas the first does not require a finding of obscenity. Child pornography under federal law is defined as any visual depiction of sexually explicit conduct involving a minor someone under 18 years of age.
The New York Penal Code Article prohibits the production, distribution, promotion or knowing possession of a sexual performance by a child younger than 16, or in some cases younger than 17 years of age. Whether child pornography charges come from the state or the federal government may depend on whether it was state or federal law enforcement officers who carried out the arrest. However, a person arrested by state or local police can still be charged in federal court, and federal child pornography sentences are often more severe than New York State sentences.
Technology is evolving at an unprecedented rate. With a few keystrokes and the click of a button, you can access previously-unheard of amounts of information. Using a cell phone, you can send a picture to tens, hundreds, or even thousands of people. One downside to these rapid changes in technology is that the government has created and must prosecute crimes that were unheard of decades ago.
Pornography that involves children is so objectionable that even possession of child pornography can lead to serious criminal charges. The United States government has broad jurisdiction for child pornography charges since pornography can be transferred from state to state in various ways, which means the charges you face will likely be federal charges. But even severe criminal penalties may not equal the damage that could be done to your life both personally and professionally if you become associated with child pornography.
Possession and distribution of child pornography is a sex crime that is punishable under both state and federal laws. This crime typically occurs over the Internet or by downloading files from the Internet that contain illegal images. Since files may be mislabeled, or individuals may be directed to Internet sites that they did not intend to visit, claims of possession of child pornography may be incorrectly made against innocent individuals.