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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


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


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


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


  4. 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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