What should someone do after an arrest for possessing a sexual performance by a child?

The safest first step is to speak with defense counsel before making statements, consenting to searches, or trying to explain the allegations. Early legal work can preserve evidence, identify search or statement issues, and shape how prosecutors evaluate the case.

Can possessing a sexual performance by a child charges be challenged in New York?

Yes. Possible defenses depend on the facts, but may involve intent, identification, credibility, digital or forensic evidence, search warrants, statements, expert issues, statutory definitions, and whether the prosecution can prove every required element beyond a reasonable doubt.

Why contact a lawyer early in a possessing a sexual performance by a child case?

These cases can create criminal, reputational, employment, licensing, immigration, and registration consequences. Early defense work may affect bail, investigation strategy, evidence preservation, plea negotiations, motion practice, and trial preparation.

New York Criminal Defense

New York Possessing a Sexual Performance by a Child Lawyer

Lebedin Kofman LLP defends clients accused of possessing a sexual performance by a child under New York Penal Law Article 263.

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Defense for possessing a sexual performance by a child Allegations

Possession allegations often turn on technical digital evidence. The prosecution may claim that files, thumbnails, cached data, deleted material, downloads, cloud content, or account records show knowing possession of illegal material.

The New York Courts Article 263 jury-instruction page lists possessing a sexual performance by a child as a distinct child sexual performance offense. Defense strategy must focus on knowledge, control, access, device use, and the reliability of the forensic record.

What Prosecutors May Focus On

Investigators may rely on search warrants, device extractions, forensic software reports, hash databases, file paths, download histories, cloud-provider data, account logins, and alleged admissions.

Whether the conduct fits the exact statutory theory charged.
Whether the complaining witness, digital evidence, forensic evidence, or third-party records support the allegation.
Whether statements, searches, devices, or account records were obtained lawfully.
Whether the prosecution can prove identity, intent, knowledge, age-related elements, and lack-of-consent or incapacity issues where required.

Defense Issues That Must Be Evaluated Early

Possible defense issues include lack of knowledge, shared-device access, malware or automatic downloads, file recoverability, cache artifacts, cloud synchronization, unreliable forensic conclusions, or improper questioning and searches.

Search warrant scope, device extraction, cloud-account access, preservation, and chain of custody.
Statements to police, campus officials, investigators, employers, or third parties.
Medical, forensic, electronic, location, social-media, or messaging evidence.
Expert issues involving digital evidence, forensic interpretation, psychology, memory, or false accusation dynamics.
Collateral exposure, including orders of protection, employment consequences, professional licensing, immigration issues, and registration-related consequences.

How Lebedin Kofman Approaches These Cases

Lebedin Kofman evaluates digital evidence carefully, challenges overbroad or unlawful searches where appropriate, and considers whether expert forensic review is needed to test the prosecution theory.

When appropriate, the defense may involve early intervention before charges are filed, grand jury advocacy, suppression motions, forensic review, expert consultation, mitigation, negotiation, or trial preparation from the beginning. The strategy depends on the facts, the evidence, the client's goals, and the consequences at stake.

Related Defense Pages

Contact a New York Defense Attorney

If you are accused of possessing a sexual performance by a child, early representation can protect your rights and help ensure that digital evidence is reviewed correctly.

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Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts, evidence, procedural posture, and applicable law.