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In which cases is child pornography a state crime & in which cases is it a federal crime?

New York, NY |

I'm referring to possession of child pornography that was received through text messages with a minor. I'm asking because there are different statutes of limitations for bringing the case to a state court vs. a federal court. Thank you for your help!

Attorney Answers 3


Unfortuantely, alot of it depends on who is doing the investigating. I've seen it go both ways with no discernible reason. There are usually joint task forces on these cases and fromt here they discuss who will handle it.

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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I think that one could probably be prosecuted in both jurisdictions and forced to serve consecutive sentences.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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The fact you state that it was in text messages could make it a federal crime. Who arrested and charged you, state authorities or federal authorities? You definitely need to speak with an attorney, because the law about using text messages as evidence is changing. Get an attorney's advice right away.

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