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Child Pornography

Child pornography charges (charged as sexual performance by a child) are often the result of a mistake or a lapse in judgment. The legal consequences are steep, but child porn charges can negatively impact the rest of your life as well. Whether you’re innocent or guilty, facing these charges can strain relationships with friends and family. You may also risk loss of employment.

Child pornography charges are among the most stigmatized charges you can face. The prosecution will likely seek maximum penalties against you. It is difficult to successfully defend against these charges without counsel. It’s in your best interest to contact a qualified sex crime attorney to protect your rights.

Defense Attorney for Child Pornography on Long Island, NY

The Law Office of Stephanie Selloni has years of experience defending clients just like you. Stephanie Selloni is passionate about the law and thoroughly understands New York’s court system. She believes that every citizen is innocent until proven guilty. The Law Office of Stephanie Selloni will seek to reduce or outright dismiss the charges against you whenever possible. You could avoid years in prison or thousands of dollars in fines. 

Call 516-972-1212 or complete the online form to schedule your free consultation today. It is crucial that you contact the Law Office of Stephanie Selloni immediately to ensure the best possible defense. Stephanie Selloni defends Long Island clients from Garden City, Hempstead, Glen Cove, and other areas across Nassau and Suffolk County. 


Overview of Child Pornography on Long Island, NY


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Definition of Child Pornography on Long Island, NY

In New York, child pornography is defined as any performance involving sexual conduct by a child under the age of 16 or 17. A “performance” includes photos, images, and videos, both physical and digital. “Sexual conduct” includes real or fake intercourse, oral or anal sex, bestiality, masturbation, sadomasochistic (S&M) abuse, or a lewd depiction of the genitals. A child is defined as any person who is younger than 17 years old.

Child pornography charges are divided into three categories under New York Penal Law 263. These categories include:

  • Using a child in a sexual performance;
  • Promoting a sexual performance by a child; and
  • Possessing a sexual performance by a child.

Each of these charges carries its own penalty, but a conviction for any child porn charge will require the offender to register as a sex offender. Sex offenders remain on the registry for a minimum of 20 years. Depending on the nature of the offense, they may remain there for life.


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Use of a Child in a Sexual Performance on Long Island, NY

Use of a child in a sexual performance is defined by New York Penal Law 263.05. This law is violated when someone employs, authorizes, or induces a child to engage in a sexual performance. A parent, legal guardian, or custodian violates this law by consenting to a child’s engagement in a sexual performance. 

The accused must be shown to have known the character and content of the sexual performance to be found guilty. This crime is a class C felony. Penalties include up to 15 years of imprisonment and a fine up to $5,000.


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Promoting a Sexual Performance by a Child on Long Island, NY

Promoting a sexual performance by a child is defined by New York Penal Law 263.15. Promotion of child porn includes producing, directing, or committing any act which enables others to view and possess child porn involving children. Some examples of promotion include manufacturing, selling, lending, publishing, and delivering child porn.

It must be shown that the accused knew of the character and content of the sexual performance they are accused of promoting. Promoting child porn is a class D felony. Penalties include up to 7 years of imprisonment and a fine up to $5,000. 


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Possessing a Sexual Performance by a Child on Long Island, NY

Possessing a sexual performance by a child is defined by New York Penal Law 263.16. This law governs the crime of possessing pre-existing child pornography, not creating or promoting it. A person is guilty of violating this law if they: 

  • Knew of the character and content of the child porn they are accused of possessing;
  • Knowingly possessed or controlled child porn; or
  • Knowingly accessed child porn with the intent to view it.

Based on this definition, child porn possession charges can be filed against a person even if they have only visited a website displaying pornographic images of children.

Possessing a sexual performance by a child is a class E felony. Penalties include up to 4 years of imprisonment and a fine up to $5,000.


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Additional Resources

Violent Crimes Against Children | FBI – The Federal Bureau of Investigation has a Violent Crimes Against Children (VCAC) team that focuses on crimes committed against children. One of the VCAC division’s priorities is investigating those suspected of distributing or producing child porn. Visit this link to read more about the FBI’s involvement in stopping child sexual exploitation and other violent crimes against children. 

Sex Offender Registration FAQs | NY Criminal Justice – The New York Division of Criminal Justice Services provides a list of frequently asked questions regarding sex offender registration. Visit this website to read about how sex offenders are classified and how long they are required to stay on the registry. Here you can also read about the basic obligations of sex offenders. 

Article 263: Sexual Performance by a Child | NYS Senate – The New York State Senate publishes an electronic version of New York’s laws on its official website. Here you can review the full text of the law governing the use of a child in a sexual performance. You can also review the laws governing promotion and possession of a sexual performance by a child.


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Defense Lawyer for Child Pornography on Long Island, NY

Attorney Stephanie Selloni understands that this is one of the most difficult times of your life. You don’t have to face sex crime or child porn charges alone. The Law Office of Stephanie Selloni specializes in defending clients like you against serious criminal charges. Stephanie defends Nassau and Suffolk County clients from Mineola, Glen Cove, and all across Long Island. 

The best thing you can do is retain counsel to protect your legal interests. Call 516-972-1212 or fill out an online form to set up your free consultation. Stephanie will listen to your side of the story and advise what steps need to be taken. You deserve a proper legal defense. Contact the Law Office of Stephanie Selloni today to get started.


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