Child Pornography Charges
Child Pornography is separated into three categories, promoting, possessing and facilitating a sexual performance by a child. No matter the specific offense any child pornography charge is charged as a felony, meaning these charges are incredibly serious and should not be ignored. It is important that you have an attorney who can help you navigate the criminal charges in court. Call now for a free consultation with one of our experienced New York criminal attorneys to discuss your charges.
At the base of child pornography charges is the use of child in a sexual performance, the child being under 17 years of age and the offender authorizes, employs or induces the child to engage in a sexual performance. This offense on its own is charged as a class C felony. The offenses are further broken down to include one offense for promoting or possessing a sexual performance by a child and an obscene sexual performance.
Promoting a sexual performance, meaning any sexual conduct by a child less than seventeen when the offender directs or promotes the conduct knowing that it includes explicit content, is a class D felony. Possessing such content, knowing that it includes the sexual conduct or knowingly accessing it intending to view it is charged as class E felony.
Additionally, promoting an obscene sexual performance by a child is also charged as class D felony, but the offense is considered obscene when the conduct includes material previously defined as obscene. Some such content would be depicting a criminal sexual act, sadism, masochism or lewd exhibition of genitals. If the child is less than 17 and the content falls into this category, it is charged as promoting an obscene sexual performance, not just a sexual performance. Knowingly possessing this type of content or possessing the ability to access the material with intent to view it when the child in the content is under 16 years of age is charged as a class E felony.
One of the highest charges related to child pornography is facilitating a sexual performance by a child with a controlled substance or alcohol is a class B felony. This offense is charged when a person knowingly administers alcohol or a controlled substance to a person under 17 without consent intending to commit conduct that would be considered possessing or promoting a sexual performance by a child.
The conviction of any of these offenses would require registering under SORA, which would further limit the areas the person convicted would be able to go as well as live. The restrictions could include limiting how close they live to a school or public park, as well as losing the right to vote in future elections.
While these charges are incredibly serious, there are options available to those being charged. To make sure that your case in handled with the highest level of care possible, call now for a free consultation with one of our experienced New York criminal attorneys. Our team is here to help you navigate the complexities of court and work with you to receive a favorable outcome.