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Disseminating Harmful Material to Minors

Dissemination of harmful materials to minors in New York refers to the act of providing or distributing materials that are considered harmful to individuals under the age of 17. This offense is covered under New York Penal Law Article 235, which addresses various offenses related to obscenity and child endangerment.

In the following article, we’ll explore some of the specifics of disseminating harmful material.

Attorney for Dissemination of Harmful Materials in Nassau County, New York

It’s important to protect our youth online. However, sometimes available information can be vague and information that should not be provided to minors can find its way into their hands. Everyone deserves the strongest representation, and The Law Office of Stephanie Selloni is ready to provide it.

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Information Center for Dissemination of Harmful Materials to Minors

How New York Defines Dissemination of Harmful Materials to Minors
- First Degree Offenses
Common Penalties for Dissemination of Harmful Materials to Minors
Possible Defense Strategies
Additional Resources
Hire a Dissemination of Harmful Materials to Minors Attorney

What is the Dissemination of Harmful Materials?

Specifically, Sections 235.21 and 235.22 of the New York Penal Law define the crime of Disseminating Indecent Material to Minors. These sections make it illegal for a person to knowingly disseminate or display any material that is harmful to minors, with the intent to promote the sexual performance of a minor or to engage in sexual conduct with a minor.

The term “harmful to minors” generally refers to material that, when taken as a whole, appeals to the prurient interest of minors, is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors, and lacks serious literary, artistic, political, or scientific value for minors.

It’s important to note that the severity of the offense may vary depending on the circumstances, and penalties for violating these laws can include fines, imprisonment, or both. The intent to exploit or engage in sexual misconduct with a minor is a critical element of this offense.

First Degree Offenses

Section 235.21 charges may be elevated to first-degree charges if the accused is found to have disseminated the material in an effort to incite some sexual encounter with the minor. This includes, but is not limited to: attempting to have sex with the minor, asking the minor to dance, and attempting to get the minor to engage in sexual conduct for his or her benefit.

State law dictates that the elicitation of sexual contact or conduct must be intentional, but does not have to be an explicit request.

Penalties

In New York, dissemination of harmful materials to minors is considered a serious offense and can result in significant penalties upon conviction. The penalties associated with this offense can vary depending on the circumstances of the case, including the nature of the materials involved and the intent of the defendant.

Dissemination of harmful materials to minors is classified into two degrees: first-degree dissemination and second-degree dissemination.

Second-Degree Dissemination of Indecent Material to Minors: This offense involves knowingly distributing or exhibiting harmful materials to a minor. It is a Class E felony in New York. A Class E felony carries a maximum sentence of up to 1 and 1/3 to 4 years in prison.
First-Degree Dissemination of Indecent Material to Minors: This offense involves disseminating harmful materials to minors with the intent to promote sexual performance by a child less than 17 years old. It is a Class D felony in New York. A Class D felony carries a maximum sentence of up to 2 and 1/3 to 7 years in prison.

In addition to potential imprisonment, individuals convicted of dissemination of harmful materials to minors may also face fines, probation, and other legal penalties. Furthermore, individuals convicted of these offenses may also be required to register as sex offenders, which can have significant long-term consequences, impacting housing, employment and education opportunities.

Defenses

The defenses used by attorneys vary on a case-by-case basis. However, the following are some possible defense strategies that a defense attorney may employ:

Lack of Knowledge or Intent: One defense is to argue that the defendant did not knowingly disseminate harmful materials to minors or did not have the intent to distribute such materials. If the defendant can demonstrate that they were unaware of the nature of the materials or did not intend for minors to access them, it may weaken the prosecution’s case.
First Amendment Protections: Defendants may assert their First Amendment right to freedom of speech and expression. They may argue that the materials in question are protected forms of speech or artistic expression and are not obscene or harmful under legal standards.
Age Verification Systems: In cases involving online dissemination of materials, defendants may argue that they had age verification systems in place to prevent minors from accessing the content. They may claim that they took reasonable steps to restrict access to adults only.
Mistaken Identity: Defendants may claim mistaken identity if they were wrongly identified as the individual responsible for disseminating harmful materials to minors. This defense relies on proving that someone else committed the offense or that there was confusion regarding the identity of the perpetrator.
Constitutional Challenges: Defendants may challenge the constitutionality of the statute under which they are charged. They may argue that the law is overly broad, vague, or infringes upon constitutionally protected rights.
Entrapment: In some cases, defendants may allege that law enforcement officers induced or coerced them into disseminating harmful materials to minors, constituting entrapment.

Additional Resources

Federal Trade Commission – The FTC provides many resources for children, parents and other people who spend their time online interacting with children. Some of the information available in the “Net Cetra” guide includes parental control tools like filtering and monitoring tools and how to talk to your kids about things like oversharing and why they should avoid “sex talk” online.

New York State Police – The New York State Police offers information on reporting internet crimes. Generally, obscene messages, material and other crimes like grooming can be reported on a platform-by-platform basis. Sometimes, offenders may go beyond the platform or the platform might not take action. In such cases, offenders should be referred to the New York State Police.