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

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

Posted

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

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Asker

Posted

Thanks for the prompt response. I'm hoping the charges are handled on a case by case basis as I believe, based on the preliminary hearing, the individual may have hundreds of images / videos.

Posted

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

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Asker

Posted

Thanks for your answer. Does this include cases where hundreds of images / videos may be involved?

Jay K Goldberg

Jay K Goldberg

Posted

hundreds of images could mean hundreds of counts. Usually it does. These are very difficult cases with extreme consequences. The person should definitely have strong counsel.

Posted

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

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Posted

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 substitution for a meeting whereas all potential legal issues can be discussed.

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1 comment

Asker

Posted

Thank you, Joeph. What if the individual has hundreds of images / videos?

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