New York City sex crimes lawyer Russ Kofman of Lebedin Kofman LLP has released a comprehensive article detailing the legal intricacies and potential defenses for individuals charged under New York Penal Law § 263.16, which addresses possessing sexual performance by child. This statute is one of the most stringent under New York law, carrying severe penalties and long-lasting repercussions for those convicted.
Possessing sexual performance by child is classified as a class E felony in New York, one which mandates up to 4 years in prison and up to 10 years of probation for those found guilty. The law specifies that anyone who knowingly has in their possession or control, or knowingly accesses with intent to view, any performance depicting child pornography involving children under sixteen is in violation of this statute.
In his article, attorney Russ Kofman provides a detailed analysis of what constitutes possessing sexual performance by child under New York law. The term encompasses any media, including digital images, videos, and live performances, that show sexual conduct involving children. Kofman explains that the possession of such content, even without the intent to distribute, is enough to warrant a felony charge.
"The law is unequivocally clear on the severity of possessing sexual performance by a child. It is designed to protect the most vulnerable in the society from exploitation," stated criminal defense lawyer Russ Kofman. He further noted, "However, there are instances where individuals may unknowingly come into possession of such material or be misled about the nature of the content they are viewing."
Kofman's article goes on to discuss potential defenses for those accused under this statute. A critical defense is the lack of knowledge regarding the nature of the content or the age of the individuals depicted. Kofman emphasizes the importance of demonstrating that the possession was not knowing or intentional, which can significantly impact the outcome of a case.
In addition to explaining the law and defenses, Kofman discusses the profound implications of a conviction, which extends beyond legal penalties to include sex offender registration under the New York Sex Offenders Registration Act. This registration imposes serious restrictions and continuous monitoring, affecting various aspects of a person's life, including employment opportunities and community status.
Russ Kofman underscores the importance of seeking competent legal counsel if faced with such charges. "Navigating these charges requires a deep understanding of the law and a proactive defense strategy. It’s not just about legal penalties but protecting one’s future from irreversible damage," he advises.
For those implicated in such serious allegations, the article serves as a critical resource, offering insights into the legal landscape and reinforcing the necessity of legal representation from defense lawyers.
To emphasize the gravity of the situation and the need for immediate action, attorney Russ Kofman encourages anyone facing such charges to seek legal guidance promptly: “Do not underestimate the complexity of the situation. Securing legal representation from criminal defense lawyers is crucial in protecting one's rights and future.”
About Lebedin Kofman LLP:
Lebedin Kofman LLP is a New York-based law firm dedicated to defending individuals accused of a variety of criminal charges. The firm is known for its vigorous defense and comprehensive approach to legal challenges. Lebedin Kofman is committed to safeguarding the legal rights of its clients through thorough representation and meticulous attention to detail. The firm's attorneys bring a wealth of experience and a robust understanding of both state and federal law to the table, ensuring that clients receive top-quality legal advocacy.
Media Contact
Name
Lebedin Kofman LLP | Criminal Attorney and DWI Lawyer
Contact name
Russ Kofman
Contact phone
(646) 663-4430
Contact address
26 Broadway 3rd floor
City
New York
State
New York
Zip
10004
Country
United States
Url
https://www.lebedinkofman.com/
