Child Pornography
The First Amendment does not protect either child pornography or obscenity. Possessing, producing or trafficking in images of actual children engaged in sexual activity is a crime under both state and federal law. Federal law defines anyone under 18 as a child for these purposes. Federal law enforcement agencies are very aggressive hunting down child pornography on the Internet and trying to link it back to people possessing it. Virtually everything you do on the Internet is recorded somewhere; any interaction you have with another person or website can be turned over to law enforcement (or might be with an undercover officer). If you get a call from U.S. Customs (Department of Homeland Security), a U.S. Postal Inspector or the F.B.I. about your "internet use" it is imperative that you hire a lawyer before you respond. Typically, the feds try to get a confession and a search warrant before they bring a case in court. Sometimes, these things can be avoided if you obtain sound legal advice early enough in the process; pretty much any statement to a law enforcement official can later be used against you.
First time offenders are often shocked by how harsh federal penalties for child pornography offenses are: prison time is the norm, even in cases of mere possession. Cases involving transmission of child pornography -- for example, emailing a single image to an undercover agent -- carry a mandatory minimum five-year sentence in federal prison. In New York, lifelong sex offender registration may follow.
People posting child pornography on the internet sometimes embed the string R@YGOLD in their pictures. If you are even thinking of using this code to find child pornography online stop, think and if necessary call our office at (212) 685-0999.