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CRIMINAL DEFENSE • DISCIPLINARY INVESTIGATIONS & HEARINGS

What if I did not realize that the images I was looking at or forwarded to a friend were images of underage individuals?

Child pornography crimes are aggressively prosecuted in the state of New York. As a result, simply not knowing that the individual in the images was a child or a teen is unlikely to be a valid defense. If there is enough evidence, a person who claims that they accidentally or unknowingly possessed pornographic materials involving minors could still be convicted of child pornography.

Prosecutors will look at all the facts of a particular case, including intent. Under federal law, possession of child pornography involves knowingly possessing or accessing sexually explicit material featuring minors, with intent to view. A person can be charged with distributing child pornography if they email, upload or send through other means the illegal images of an underage individual.

Such cases require an experienced criminal defense attorney to fight the child pornography charges. A strong defense must be built to prove that the alleged offender was under the impression the individual in the images was a consenting adult.

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