Child Pornography Defense Lawyer in Nassau County
Former Prosecutors. 70+ Years of Experience. Fighting for Nassau County Clients.
Charges involving child pornography, prosecuted under New York’s sexual performance by a child statutes or federal law, are among the most serious a person can face. Investigations often begin long before an arrest, and law enforcement moves quickly once charges are filed. Richard Lerner and Kimberly Lerner are both former prosecutors with over 70 years of combined criminal defense and prosecution experience. That background gives Lerner & Lerner, P.C. direct insight into how Nassau County and federal prosecutors build these cases, from the digital evidence they gather to the charging decisions they make.
Kimberly Lerner has served as a featured legal correspondent on MSNBC, CNN, and Fox News. The firm holds an AV Preeminent rating from Martindale-Hubbell and has been recognized by Super Lawyers. The defense you retain from the start shapes everything that follows.
If you or someone you know is under investigation or has been charged, don’t speak with law enforcement before calling us. Lerner & Lerner, P.C. is available 24/7 at (516) 586-0383.
New York State Charges vs. Federal Charges
New York law doesn’t use the phrase “child pornography.” Article 263 of the New York Penal Law governs offenses involving the “sexual performance by a child,” which is the statutory term used in all state-level charges. Understanding which system applies, and how the two interact, is essential from day one.
Article 263 offenses include:
- Possessing a sexual performance by a child (N.Y. Penal Law § 263.16)
- Possessing an obscene sexual performance by a child (N.Y. Penal Law § 263.11)
- Promoting a sexual performance by a child (N.Y. Penal Law § 263.15)
- Promoting an obscene sexual performance by a child (N.Y. Penal Law § 263.10)
- Use of a child in a sexual performance (N.Y. Penal Law § 263.05)
Federal statutes under 18 U.S.C. sections 2251 through 2256 govern production, distribution, transportation, and receipt of child pornography and impose mandatory minimum sentences. A person arrested by Nassau County or New York State police can still be referred for federal prosecution. State arrests in these cases are frequently escalated to the Eastern District of New York because federal sentences are generally more severe. Both systems treat automatically downloaded content and deleted files as potential evidence, and both require the prosecution to prove the defendant knowingly possessed or accessed the material.
Penalties Under New York State & Federal Law
The consequences of a conviction extend well beyond incarceration. Under New York state law, the felony classification depends on the specific charge:
- Possession (Class E felony): Up to four years in state prison; 10 years of felony probation
- Promoting (Class D felony): Up to seven years in state prison
- Use of a child in a sexual performance (Class C felony): Up to 15 years in state prison
Federal exposure is substantially greater. Receipt or distribution under 18 U.S.C. § 2252 carries a mandatory minimum of five years and a maximum of 20 years for a first offense; those with a prior qualifying conviction face a mandatory minimum of 15 years and a maximum of 40 years. Federal production charges under 18 U.S.C. § 2251 carry a mandatory minimum of 15 years, with maximums that can reach life imprisonment depending on prior convictions and aggravating factors.
A conviction under either system triggers registration as a sex offender under New York’s Sex Offender Registration Act (SORA). Level 1 registrants are generally required to register for 20 years; Level 2 and Level 3 registrants are generally required to register for life. For Level 2 and Level 3 registrants, registration is public record and affects housing, employment, and professional licensing. These collateral consequences can follow a person long after any sentence is served.
Defense Strategies for Nassau County Child Pornography Charges
Every case turns on its specific facts, and meaningful defenses exist depending on how the investigation was conducted and how the evidence was gathered. Because Richard and Kimberly Lerner have personally prosecuted cases, they understand exactly how digital evidence is collected, preserved, and presented at trial, and where that process can break down.
Fourth Amendment Challenges
If law enforcement exceeded the authorized scope of a search warrant or seized devices without proper legal authority, a motion to suppress can result in that evidence being excluded. Unlawful search and seizure challenges are among the tools available in digital evidence cases.
Knowledge & Intent
Both state and federal possession charges require proof that the defendant knowingly possessed or accessed the material with intent to view it. Files downloaded automatically through cloud syncing, malware, or peer-to-peer software the user didn’t actively operate can undermine the knowledge element of the charge.
Digital Forensic Review
Early forensic analysis of seized devices can reveal misleading file paths, evidence that another person had independent access to the device or network, or metadata that contradicts the prosecution’s timeline. Reviewing the chain of custody for seized devices also creates potential grounds for suppression motions.
False Accusation
Charges can originate from personal disputes. Examining how a complaint was initiated and by whom is part of any thorough defense review.
Why Nassau County Clients Trust Lerner & Lerner, P.C.
In sex crime cases, a defense attorney’s familiarity with prosecutorial strategy isn’t an abstract credential. It directly shapes how early motions are framed, how plea discussions are approached, and how a case is prepared for trial. Richard and Kimberly Lerner have sat on both sides of that table. Their combined 70-plus years of experience spans criminal defense throughout Nassau County and Long Island, and their knowledge of how the Nassau County District Attorney’s office and federal prosecutors in the Eastern District of New York approach these cases is built from direct experience, not inference.
Kimberly Lerner’s profile as a national legal correspondent on MSNBC, CNN, and Fox News reflects a level of public recognition that few Nassau County attorneys carry. The firm’s AV Preeminent rating from Martindale-Hubbell and recognition by Super Lawyers reinforce that standing. Richard and Kimberly Lerner personally handle their cases. Clients aren’t handed off to associates when the stakes are highest.
Speak with a Nassau County Child Pornography Defense Attorney Today
If you’re under investigation or have been charged, the time to contact a porn lawyer in Nassau County is before you say anything to law enforcement. A single statement made without counsel can become part of the prosecution’s case.
We serve clients throughout Nassau County and Long Island and are available around the clock to speak with you confidentially. Call (516) 586-0383 to reach Richard or Kimberly Lerner directly.
