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

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.

New York, NY -

Attorney Answers (4)

Steven Marc Raiser

Steven Marc Raiser

Criminal Defense Attorney - New York, NY
Answered

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

Jay K Goldberg

Jay K Goldberg

Criminal Defense Attorney - New York, NY
Answered

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

Benjamin J Lieberman

Benjamin J Lieberman

Criminal Defense Attorney - New York, NY
Answered

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

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Criminal Defense Attorney - Garden City, NY
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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