Russ Kofman, a distinguished lawyer at Lebedin Kofman LLP, has published a comprehensive article detailing New York Penal Law § 263.10, which pertains to the grave matter of promoting an obscene sexual performance by a child. This law is a critical component of New York’s legal measures against child pornography and outlines harsh penalties for those convicted under it. Mr. Kofman's article offers an in-depth analysis of the statute, aiming to shed light on its complexities and consequences for individuals facing such severe accusations.

The crime of promoting an obscene sexual performance by a child is defined under NY Penal Law § 263.10 as the production, direction, or promotion of any media or performance that includes a child under the age of 17 engaged in sexual conduct. Mr. Kofman's article goes on to explain that the term "performance" in this context spans a range of media, including digital images, videos, and more, emphasizing the broad scope of this law. The act of "promotion" is further broken down into numerous activities that could implicate an individual under this statute.

“In these cases, the details matter immensely," says Russ Kofman of Lebedin Kofman LLP. "Understanding the nuances of what constitutes ‘promotion’ or ‘obscene material’ is paramount in defending someone accused of promoting an obscene sexual performance by a child crime. It is about dissecting every aspect of the prosecution's argument and ensuring that rights are preserved and justice is served."

The article distinguishes between NY Penal Law § 263.10 and NY Penal Law § 263.15, clarifying that the former necessitates the material to be obscene, while the latter does not. The distinction is crucial as it affects the legal approach and potential defenses in cases involving the promotion of sexual performances by minors.

Mr. Kofman elucidates on possible defenses against charges of promoting an obscene sexual performance by a child, including lack of knowledge or intent, entrapment, and mistaken identity. Each defense requires a nuanced understanding of the law and a strategic application to the unique circumstances of each case. "Every case has its unique set of facts, and it is our job to thoroughly assess these to construct a robust defense," states Kofman.

The penalties for a conviction under this statute are severe, including up to seven years in prison and mandatory registration as a sex offender, making skilled legal representation an absolute necessity for those accused. Mr. Kofman's article serves as a stark reminder of the life-altering consequences these charges carry and the importance of obtaining a seasoned New York City sex crimes lawyer.

For individuals facing allegations related to the promotion of child pornography, the article concludes with an encouragement to seek legal assistance promptly. The lawyers at Lebedin Kofman LLP are dedicated to offering top-notch legal advocacy to protect the rights of their clients and work diligently to achieve a favorable outcome.

About Lebedin Kofman LLP:

Lebedin Kofman LLP is a law firm located in New York City, known for its aggressive and strategic approach to criminal defense. The firm's attorneys are dedicated to protecting the rights of their clients and have a track record of success in handling complex legal issues, including sex crimes. With a commitment to providing personalized attention and fighting for the best interests of their clients, Lebedin Kofman LLP stands as a pillar of legal excellence and advocacy.

Media Contact

Name
Lebedin Kofman LLP | Criminal Attorney and DWI Lawyer
Contact name
Russ Kofman
Contact phone
(646) 663-4430
Contact address
26 Broadway 3rd floor
City
New York
State
New York
Zip
10004
Country
United States
Url
https://www.lebedinkofman.com/