Child Pornography Laws
The laws in New York that specifically address child pornography classify the charge as one associated with a “sexual performance.” According to New York Penal Code §263.00, a sexual performance is any play, motion picture, photograph, or dance that depicts a person under the age of seventeen in a sexual manner.
The act of forcing children to participate in these activities is made illegal by New York Penal Code §263.05. This states that it is illegal to induce or convince a child to participate in the production of any sexual performance material. These charges are a class C felony.
Similarly, it is also illegal to actually produce this material. New York Penal Code §263.10 says that any person who creates a sexual performance of a child under the age of seventeen is guilty of a class D felony.
Finally, it is illegal to simply possess any of these materials under New York Penal Code §263.11. This statute only applies if the child depicted is under the age of sixteen. A violation here is a class E felony making it imperative that an Albany child pornography attorney is consulted.
Defenses Against These Charges
For allegations of possession of child pornography, a prosecutor must prove the person in possession of the material knew they had it, and what it was. Because of the illegal nature of this material, it is often spread by computer programs that use unwitting individuals’ machines as carriers. If this is the case, the person in possession may not have been aware.
Albany child pornography attorneys may also be able to argue that the accused had a good faith reason to believe the person depicted in the material was not underage. In general, an individual must have actual knowledge that the person in the image is underage for a prosecutor to prove their case. When applicable, our lawyers fiercely argue these defenses, and more, in court.
