Child Pornography Offenses

Westchester County Child Pornography Criminal Defense

What to Do If You Are Arrested and Charged in Westchester County

If you have been arrested and charged in U.S. Federal Court or in New York State Court with a child pornography crime you must immediately:

  1. Contact a Criminal Defense Lawyer - having an experienced attorney as soon as possible is crucial to building a defense.
  2. Do Not Discuss the Case. This is an important rule that many disregard. Do not discuss the case with anyone, including law enforcement (police), a therapist, a doctor or a pastor.

Why is it necessary to follow these instructions? Federal and New York State law enforcement aggressively prosecute Child Pornography cases and that makes them are highly publicized. We have encountered many instances where decent law abiding people are victimized by the countless images of child pornography on the internet. Individuals have inadvertently stumbled upon child pornography images on the internet and become the subject of prosecution. Even the immediate deletion of those images do not help people avoid arrest and prosecution. In fact, the explosion of Social Media has created additional problems where individuals on the internet represent themselves as adults when they are actually minors.

A Strong Defense Against Your Child Pornography Charges

At Riebling & Payton, PLLC, our sex offense defense lawyers focus on helping our clients avoid the feelings of hopelessness and embarrassment to concentrate on building a strong case against the allegations.

In building that strong defense, we will clearly explain:

  1. The allegations contained in the charge(s)
  2. Your various legal options
  3. The legal defense strategy tailored to your case
  4. Potential sex offender registration (SORA)
  5. Resources available to defend the case.

If necessary, we will work with investigators, computer experts and therapists on your behalf to analyze the issues and develop evidence for the defense.

How the Police Investigate Child Pornography Cases

While there are numerous ways that the police may investigate a child pornography case, the most common involve:

  1. Undercover operations, including the coordination between federal and local law enforcement
  2. Reviews of Internet Service Provider (ISP) records
  3. Direct complaints by the public
  4. Direct complains by aggrieved family members
  5. Reporting to and by school officials

Typical investigations occur over time, lasting weeks, months or even years. If you even suspect that you might be the subject of an investigation for a child pornography offense it is crucial that you act to protect yourself by contacting a sex offense lawyer immediately.

The Federal Definition of Child Pornography

Child pornography is defined to mean any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

New York’s Child Pornography Offenses

The prosecution of child pornography charges generally falls into these four categories:

  1. Obscenity
  2. Disseminating Indecent Material to Minors
  3. Sexual Performance of a Child
  4. Endangering the Welfare of a Child

The Penalties for a Child Pornography Conviction

Sentences in these types of cases depend on the facts of your case, your background and other factors. The penalties vary from from prison, probation, mandatory registration as a sex offender, deportation, fines and surcharges, DNA registration, therapy and treatment, and other devastating life long consequences.

At Riebling & Payton, PLLC, our Westchester criminal defense lawyers have an proven record of defending child pornography cases from trial verdicts to obtaining reduced charges with sentences.

Since our offices are conveniently located in Mount Kisco, NY and White Plains, NY, we are able to conveniently serve our clients throughout Westchester County and the surrounding areas. Contact Us to find out how we can protect your rights and interests - (914) 712-6878.

  • Marcia  Payton Photo
    Marcia Payton
    Marcia began her legal career by working as an Assistant District Attorney in New York City, prosecuting criminal cases in the country's finest and most highly regarded District Attorney's Office - New York County. It was here that Marcia worked with police officers and detectives and learned how a criminal investigation is handled from arrest to trial. Marcia successfully prosecuted thousands of criminal cases while working in the Office of Special Narcotics in New York City, presenting ...
  • Stephen J. Riebling Photo
    Stephen J. Riebling
    “The Court has to say, I have been impressed by Mr. Riebling’s knowledge … and his grasp of the records in this case. It is beyond any that I have seen in any kind of a case similar to this. I am just saying, it’s part of my thinking that someone with your knowledge would be able to understand these things certainly better than I am and perhaps most laymen or even attorneys…” - Westchester Supreme Court Judge Robert Neary Judge Neary was the presiding judge in the murder trial of Lacey Spears. ...
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