NY Penal Law 263.16 – Possessing Child Pornography

NY Penal Law 263.16 – Possessing Child Pornography

Hey friend. If you or someone you care about is charged with possessing child pornography under NY Penal Law 263.16, I know you’re scared and overwhelmed. Take a deep breath – this article will explain the charge, penalties, and possible defenses so you understand your options. I’m here to educate and support you during this difficult time.

What is Possessing a Sexual Performance by a Child in NY?

Under this law, it’s illegal in New York to knowingly possess or control any visual depiction of a child under 16 engaging in sexual conduct[1]. This includes photos, videos, digital files, or any other medium.

To be convicted, prosecutors must prove you knew the material involved a sexual performance by an underage child[2]. But they do NOT need to prove you knew the child’s exact age[3].

What Are the Charges and Penalties Under Penal Law 263.16?

Possessing a sexual performance by a child is a Class E felony in NY[4]. Potential penalties if convicted include:

• 1 to 4 years in state prison
• Fines up to $5,000
• Sex offender registration for 20 years minimum
• Probation or parole for 10 years
• Permanent criminal record

So these charges must be taken extremely seriously. The consequences follow you for life.

Are There Defenses to This Charge in New York?

Yes, an experienced criminal defense lawyer can often get these charges reduced or dismissed. Some potential defenses include[5]:

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2024-03-15

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2024-03-15

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• You did not knowingly possess the material
• You had no knowledge of the files or images
• Someone else had access to your devices or accounts
• The search violated your constitutional rights
• You were falsely accused by someone with ulterior motives

A skilled NY defense attorney will thoroughly investigate the allegations against you and build the strongest defense.

Can You Go to Jail for Possessing Child Pornography in New York?

Yes, a conviction under Penal Law 263.16 can result in 1 to 4 years in state prison. And due to the severe nature of the offense, probation or alternative sentences are very unlikely. You need an experienced lawyer fighting aggressively to avoid jail time.

Is Possessing Child Pornography a Federal Crime Too?

Yes, federal law also prohibits possessing child pornography under 18 U.S. Code § 2252A. This can lead to harsh federal charges and penalties in addition to state prosecution. So the stakes are extremely high.

Can You Be Charged With Manufacturing Child Pornography in NY?

Yes, creating or producing child pornography can lead to charges under NY Penal Law 263.05 or federal law 18 U.S. Code § 2251. This includes filming, photographing, editing, or otherwise manufacturing the material. The penalties are severe.

Key Takeaways

Let’s recap some key points about Penal Law 263.16 child pornography possession charges:

• It’s a Class E felony with up to 4 years in prison.
• Sex offender registration is mandatory if convicted.
• Experienced lawyers can often build strong defenses.
• Federal charges are also possible and very serious.
• Aggressive legal defense is critical.

I hope this overview helps you understand the seriousness of these allegations. Skilled NY criminal defense attorneys can protect your rights. Don’t go through it alone.