What are the possible penalties for child pornography?

Child pornography crimes are aggressively prosecuted in New York at both the state and federal levels. All related charges — including creating, possessing or promoting child pornography — are extremely serious as they are classified as felonies. Penalties for child pornography charges range from moderate to severe, depending on the particular offense.

A conviction could result in mandatory registration as a sex offender and a prison sentence of up to 25 years, depending on the severity of the crime. In addition, prosecutors are likely to charge child pornography offenders with additional related offenses as well.

Possessing a sexual performance by a child and possessing an obscene sexual performance by a child are the least serious charges. They carry a penalty of up to four years in prison. Those charged with promoting a sexual performance by a child or promoting an obscene sexual performance by a child could face up to seven years in prison.

The maximum prison sentence for using a child in a sexual performance is 15 years. Facilitating a sexual performance by a child with alcohol or a controlled substance is the most serious child pornography offense. If convicted, the offender could face a maximum of 25 years in prison.

Punishments are more severe for defendants who have a prior felony conviction or a conviction for a sex offense. They may face fines and prison sentences of between 15 and 40 years.

Other Criminal Defense FAQs:

• Am I eligible for a conditional license?
• Am I liable for fraudulent charges on my credit card or for accounts opened by the identity thief?
• Am I required to submit to a breath test in New York?
• Are child pornography charges state or federal?
• Are prescription drugs illegal in New York?
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• Can a child receive child pornography charges?
• Can a probationer sentenced to probation supervision in New York move out of the state?
• Can drivers under 21 be charged with a DWI in New York?
• Can I be charged with a sex crime even without having sexual intercourse?
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• Can I get fired for my political opinions?
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• Can I own a gun even if I have a felony record?
• Can I talk to the police if I am careful not to reveal anything incriminating?
• Can the charges I am facing get more serious even if I have already been charged?
• Do I have to allow police to enter my home?
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• Do I need an attorney if I am charged with a minor crime?
• Do I need an attorney if I plan to plead guilty?
• Do I need an attorney?
• Do the Police Want to Talk to You?
• Does a conviction of unlawful sexual intercourse require registration as a sex offender?
• Does a crime still go on my record even if I am cleared of it?
• How can a lawyer defend me from DWI charges in New York?
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• How Do Gun Laws Vary Across New York?
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• How does a federal crime differ from a state crime?
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• I confessed to something I did not do. What can I do?
• I Have a Bench Warrant. Why Was It Issued?
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• What is bail?
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