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CRIMINAL DEFENSE • DISCIPLINARY INVESTIGATIONS & HEARINGS

Are child pornography charges state or federal?

Child pornography is illegal under both federal and New York state law.

The New York Penal Code Article 263 prohibits the production, distribution, promotion or knowing possession of a sexual performance by a child younger than 16, or in some cases younger than 17 years of age. U.S. code prohibits the production, distribution or knowing receipt of visual depictions of minors engaging in sexually explicit conduct.

Whether child pornography charges come from the state or the federal government may depend on whether it was state or federal law enforcement officers who carried out the arrest. However, a person arrested by state or local police can still be charged in federal court, and federal child pornography sentences are often more severe than New York State sentences.

In addition to felony charges, which carry the threat of years of incarceration, if convicted, a person who is found guilty of child pornography charges must register as a sex offender.

If you have been charged with a child pornography offense, in state or federal court, you need representation by an attorney with extensive experience in these kinds of cases. Contact Brill Legal Group to learn how we can help.

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