New York Child Pornography Frequently Asked Questions

Pornography in one form or another has hit this generation hard, and it is growing every day. Twenty years ago, pornography of any kind was barely mentioned, anywhere, but, a study in 2006 revealed astonishing statistics that between the ages of 18-49, 82 percent viewed pornographic magazines, 84 percent watched pornographic films, and 34 percent watched online. This has become a form of illegal entertainment and not only affects those viewing it, but also the entire population that produces and distributes.

Child pornography is combined in the stats that the Neilson Company has accumulated for the United States. Recent stats show that every day in the U.S. –
~ 37 pornographic videos are created.
~ 2.5 billion emails containing porn are sent and received online.
~ 68 million searches are generated, which is 25 percent of all of searches.
~ 116,000 queries are received about child pornography.

Pornography is illegal in the 50 states, and with the growing number of arrests, nationally recognized Long Island Defense Lawyer Raiser & Kenniff is adamant about answering questions from the public concerning these crimes.

Frequently Asked Questions on Adult and Child Pornography

What is considered an obscene sexual performance?

Sexual performance is considered “obscene” when it contains sexual intercourse, anal or oral sex, bestiality, masturbation, excretion, sadism, masochism, or a display of genitals for no artistic, literary or scientific reason. It involves knowingly, with premeditation, having possession or control of it and with intent to distribute or view it. Having in your possession a sexual and obscene performance by a child is a class E felony and carries a sentence up to four years in prison if convicted.

What is considered “child pornography?”

Under New York criminal law, the term used for “child pornography” is “child sexual performance.” Any sexual performance involving a child under 16 years old is a child sexual performance, and these crimes are extremely serious. They lead to significant prison time the loss of reputation and often occupation.

What is the difference between promoting (which includes possessing, manufacturing, selling, publishing) and exhibiting an obscene and degrading sexual performance involving a child?

Both of these charges are illegal under New York law. They are both class D felonies, and, if convicted, you will face up to seven years in prison.

What Does It Mean To Possess Child Pornography?

Literally, being in possession of any material of a child under the age of 16 involved in a sexual performance is illegal. In the state of New York, the material could even be a simulated sexual activity of a child, but it is still considered child pornography and is a Class E Felony.

What if the Child said they were older?

The age mistake is a common defense that those arrested believe they can easily use to defend themselves in court. Child Pornography clearly dictates that the child is under the age of 16, so no matter how the child is perceived, by definition, it is criminal activity. Only a few occupations deem it necessary to be carrying child porn, for example, a specialized law enforcement officer could possibly be in possession of child pornography, but these cases are rare.

How Can I Defend Myself Against This Charge?

Pornographic charges are incredibly serious charges, so if you have found yourself in this position, don’t think for a minute that you can defend yourself! The persecution will bury you immediately, and you will go to prison. You will undoubtedly have to register on the sex offenders list, which will bring discrimination you and your family for the rest of your life. Contact this New York criminal Lawyer team for a free consultation to discuss the crime and your rights.

Pornhub, a pornographic website, reportedly receives 28.5 billion hits or over 78 million hits a day, and this is only the tip of the iceberg with thousands of other websites displaying pornographic materials. Despite the efforts of many, pornography is increasing in every major country around the world, and more is being revealed every day because so much is unknown. Contact Raiser & Kenniff for information on a specific case.