How are "counts" determined in a child pornography case?

Asked over 1 year ago - New York, NY

Someone I know is being charged with child pornography and I want to better understand how the charges filed against them will work. As far as I know, the charges may include posssession and distribution but want to better understand how the number of counts brought against them is determined.

Attorney answers (4)

  1. Steven Marc Raiser

    Contributor Level 13

    Answered . Counts can be based on the amount of alleged victims and/or the different instances of the alleged illegal activity.

  2. Jay K Goldberg

    Contributor Level 16

    Answered . There can be a separate count for each picture. It is up to the prosecutor how to charge.

  3. Benjamin J Lieberman

    Contributor Level 20

    Answered . The commission of each offense will result in a seperate count (this can include each and every individual image).

  4. Joseph A Lo Piccolo

    Contributor Level 20

    Answered . Number of counts comes from #/type of images.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more

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