An accusation of a sex crime is one the most grave charges. Because of the seriousness of sex offenses, even the fact that a person has been accused has a high potential to completely destroy the person’s life, regardless of whether the person actually committed the crime charged. It is astoundingly easy to accuse a person of criminal sexual misconduct. An investigation may be triggered by an aimed report by practically anyone, or by a passing comment by a child. While many accusations are true, unfortunately there are numerous examples of innocent persons who suddenly found themselves fighting for their lives after being accused of a sex crime. In many cases a single testimony could be sufficient to destroy a person’s life. Even if a defendant prevails against the charges, he often faces stigmatic and long-lasting effects of the accusation, such as destroyed careers, broken relationships, and forever tainted reputations. Often, however, it is impossible to prevail and the defendant faces conviction because plea arrangements are unavailable for many sex crimes. Besides a long prison term, a convicted defendant faces a lifetime registration as a sex offender and all the stigmatic experience associated with this. What makes defending a sex crime defense a complicated task is that that many charges are based on unreliable and impulsive testimonies. All that is required to send a defendant to prison is jurors’ consent that the defendant is guilty. Prosecutors skillfully play on public animosity towards sex offenders and natural human emotions, fears, and concern. A mere fact of accusation plants a subconscious assumption of the defendant’s guilt in jurors’ minds. It is that assumption, planted before the trial begins, which the defendant needs to overcome. If you or your loved one is accused of a sex crime, you will be having a fight of your life. You will need all the help you could get, and that is why you need to put up an effective, proactive defense.
Child Pornography
18 USCS § 2252 and 2252(A) make it illegal to transport, mail, produce, possess, receive, or distribute child pornography (any depiction of minors, engaging in sexual activities.) The statute provides severe penalties.Depending on the particular offense, a first time offender may expect to receive a prison term between 5-10 to 20 years.However, if the defendant was convicted of a sex crime before, the prison term could be between 15 to 40 years.
Federal Internet Sex Crimes
Misleading domain names on the Internet Section § 2252B provides, in part:
(a) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title or imprisoned not more than 2 years, or both.
Misleading words or digital images on the Internet
Section § 2252C provides, in part:
(a) In general. Whoever knowingly embeds words or digital images into the source code of a website with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title and imprisoned for not more than 10 years.
(b) Minors. Whoever knowingly embeds words or digital images into the source code of a website with the intent to deceive a minor into viewing material harmful to minors on the Internet shall be fined under this title and imprisoned for not more than 20 years.
(b) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 10 years, or both.
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Criminal defense attorney Joseph Potashnik serves clients throughout the entire New York City Area, including Manhattan, Brooklyn, Queens, The Bronx, Staten Island, Nassau County, Westchester County, Rockland County. We also serve the entire northern and central New Jersey, including Newark, East Orange, Trenton, Elizabeth, Hackensack, Jersey City, New Brunswick, Freehold, Morristown, Paterson, Union, Woodbridge, Camden, East Rutherford, Hoboken, Chatham, Orange, West Orange, Arlington, Teaneck, Knoxville, Clifton, Keratin, Wayne, Fairfield, Haledon, Essex County, Bergen Country, Hudson Country, Middlesex Country, Monmouth Country, Camden Country, Passaic Country, Union Country, and Morris County.