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 worse yet, 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 to court.  Sometimes, these things can be avoided if you obtain sound legal advice early enough in the process.

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 codes such as the string  R@YGOLD in their pictures to make them easier to find online.  If you are even thinking of using a code to find child pornography stop, think about what you are doing, and if necessary call our office at (212) 685-0999.

Finally, child pornography cases require sex offender registration in New York State.  Under a case decided in November 2008, most people who possess child pornography will be scored a "presumptive risk level" of at least Level Two, which means their name, address, photograph and details of their conviction will be published on the internet for life.  However, The same decision suggested that such levels can be reduced in many cases if the offender requests a "downward departure" from the presumptive risk level.  You need an aggressive lawyer familiar with the New York Sex Offender Registration Act to fight for this sort of departure; if you cannot afford a lawyer, the court will appoint one for you.  If you have been charged or convicted with possession of child pornography and live in New York, please call our office for more information.