Within the United States, there is a zero tolerance for child pornography. Children are seen by the law as innocents that need to be protected from pornography because many of them are far too young to understand what pornography is. An adult having charges against them relating to child pornography should not take these charges lightly. The reason is that many of these individuals who are convicted will have to register on a sex offenders list fir the rest of their lives, which could impact where they are able to live and work. If you are being charged with child pornography or would like to have an individual charged with child pornography, then it is highly recommended to reach out to our criminal law office today. Doing so, will be a great benefit to the outcome of your case.
Who is Guilty of Child Pornography?
Each state has different laws relating to child pornography; however, there is a uniform consensus among the states within the United States that child pornography is neither condoned nor accepted. Article 263 of the New York Penal Code strictly prohibits offenses that relate to a sexual performance by a child. Such performances include the promotion, distribution, production, and possession of any sexual content involving a child that is less than sixteen or seventeen years old. Another element that must be satisfied if the party is to be found guilty of child pornography is that the individual has to be guilty of knowing that the character and content of the performance is sexual and still consents to the child’s participation in the performance.
Those who are found guilty of child pornography can face a wide array of punishments.. For example, merely having possession of child pornography can cause a prison sentence of up to three or four years. An individual who uses a controlled substance to induce a child to perform a sexual performance can face between three and twenty-five years of prison. Any offense related to child pornography is subject to a fine that is either greater than $5,000 or double the individual’s gain from the very commission of recording the performance.
Given the complexity of the charges relating to child pornography, it is essential to understand that there are several potential defenses. If one can prove that they honestly believed that the child was over the age of sixteen or seventeen, there is a potential defense. Additionally, if one can prove that their distribution of the performance was only in the interest of their manager’s direction of their employment rather than of promoting the child’s sexual performance.
The Benefits of Retaining an Attorney
Child pornography is a serious charge that you do not want on your record. It is for this reason that the instant you believe that you may be charged with child pornography, it is imperative that you retain an attorney. Thus, be sure to reach out to one of our skilled criminal lawyers by scheduling a consultation appointment. At this consultation appointment, our attorney will be able to discuss with you the details of your case and potential defenses available to you. Thus, do not hesitate to reach out to us today. We would be elated to assist you in your upcoming case related to child pornography and ultimately, improve the potential outcome of your case.