Stratford detectives in Connecticut were investigating child pornography in the area when they came across a New York man who was contacting a minor in the area. They issued a warrant for this arrest and now he is facing criminal charges.
The 25-year-old man from Garrison, New York turned himself in to Stratford police. Detectives found that the man had been communicating with a minor and was trying to entice the child into sending over pornographic material.
The man is facing one count of use of a computer to entice a minor to engage in sexual activity. The man was taken into custody and released on a $50,000 bond. The man was back in court on October 13.
Child Pornography Laws
Child pornography is illegal at both the state and federal levels; therefore, punishment can be very harsh. Even though the First Amendment promotes freedom of speech, child porn is not protected under this right.
Child porn refers to sexually suggestive images depicting children under the age of 18, regardless of age of consent laws in a particular state. The child in the photo does not have to be engaging in sex acts in order to be considered child porn. Naked children or children who are clothes but acting in a sexually explicit manner can also be considered child porn.
Because child porn is such a notorious crime, it is punished harshly. Those who transport, produce or possess child porn can face anywhere from 5-30 years in prison.
Chatting With Minors
In this case, it appears as though the man was chatting with the minor but never received pornographic images from the child. Even if the man was simply using the computer to chat, or did not know that the child was a minor, it's still likely that he will face serious charges. The law is in place to protect children, so the burden is on the adult to prove that those they are chatting with online are of legal age.
"I didn't know" is not a valid excuse when it comes to defending yourself from child porn charges. Not knowing the child's age or claiming that you weren't going to harm the child are not solid defenses. Light sentences are rare when it comes to child pornography. Even if this is your first offense, you can expect some prison time. Be aware that no statute of limitations exists, so even if you downloaded photos decades ago, you could still face charges today. Such charges can stay with you forever, so it's best to avoid becoming involved with such images.