Potential Penalties for Child Pornography Charges in Syracuse
In Syracuse, a person can face charges for many different offenses related to child pornography. These charges can include possession of the illicit material, creation of the material, or distribution. However, no matter the type of charge, all child pornography charges are felonies and therefore come with the most severe penalties.
If the charge is federally prosecuted under 18 U.S.C. §2251, the mandatory minimum is five years in prison. Even if the case is not a federal case, penalties for child pornography can range up to 25 years in prison for each charge, and each photograph can serve as the basis for a separate offense.
In addition to substantial prison sentences, anyone convicted of possessing or distributing child pornography must register as a sex offender, which places severe limitations on employment and living opportunities. Prosecutors also often go after defendants in child pornography cases for a host of other related sexual or internet-based crimes.
To avoid these and other penalties, it is important to recruit the help of our experienced Syracuse child pornography lawyers.
Defenses to a Child Pornography Charge
Despite the strict liability normally encountered with possession of child pornography, New York law does list two affirmative defenses to the criminal conduct.
First, it is an affirmative defense to the possession of child pornography if the actor has a good faith reasonable belief that the child appearing in the recording was in fact over sixteen years of age or, with respect to the promotion of child pornography, that the actor had a good faith reasonable belief that the child depicted in the recording was more than seventeen years of age.
Second, a librarian or theater attendant may encounter child pornography but may have no true involvement in the creation, distribution, or possession of such material.
This is only a valid defense, though, if the person has no financial stake in the product that contains pornographic material involving a minor under the age of 17.
Our attorneys can thoroughly analyze your case to find a defense that works for your unique situation and vigorously argue it in court.
