Child Pornography Defense Attorney in Syracuse, NY

A child pornography defense attorney protects you when police or federal agents accuse you of possessing or sharing illegal images under New York Penal Law Article 263 or federal law. Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. Call 315-424-8326 for a free, confidential consultation.

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A Child Pornography Lawyer Who Knows How These Cases Are Built

You are presumed innocent. What you do in the next few days matters.

Being accused of a child pornography offense is frightening. Your job, your family and your name all feel at risk before you have even seen the evidence. But an accusation is not a conviction. The prosecution still has to prove every element of the charge, including that you knowingly possessed, viewed or shared the material (PL §§263.11, 263.16).

These cases are built on digital forensics. Investigators seize phones, computers, hard drives and cloud accounts, then search them under a warrant. Many cases start with a tip that an online service provider sends to the National Center for Missing & Exploited Children (NCMEC), which passes it to local or federal investigators. In Central New York, that can mean the State Police, the Onondaga County District Attorney’s Office, the FBI, or Homeland Security Investigations.

Cambareri & Brenneck is made up of former Onondaga County prosecutors. We know how these investigations are run and where they go wrong, because we used to review them from the other side. Melissa K. Swartz leads our work on these cases. She served as trial counsel in the Onondaga County DA’s Office, now defends clients in state and federal court, and serves as the Northern District of New York CJA Panel representative. We keep your case confidential, test every step of the investigation, and fight for the best possible result.

Police or federal agents came with a search warrant. What now?

Don’t talk about the case.

Be polite. Say, “I want to speak with a lawyer,” and then stop. Agents often ask “friendly” questions during a search. Your answers about who uses your devices and what you looked at can become the core of the case. (Read: why speaking to police without a lawyer is risky.)

Don’t consent to extra searches.

Don’t unlock devices or give passwords unless your lawyer tells you to. A warrant has limits, and consent can erase them.

Don’t delete, wipe or hide anything.

Destroying possible evidence is a separate crime and is usually easy to detect (PL §215.40). It also makes a defense much harder.

Get a copy of the warrant and the property receipt.

The warrant says what police may search and seize. We review it line by line.

Call a child pornography defense attorney the same day.

Many people are not arrested on the day of the search. That window is when a lawyer can do the most. Call 315-424-8326. (See also: what to do after a criminal arrest in Syracuse)

Can I be charged if I didn't know the files were there?

New York requires proof that you knowingly possessed the material, or knowingly accessed it with intent to view it. Federal law also requires knowing possession, receipt or distribution. Shared computers, shared Wi-Fi, other users in the home, malware, automatic downloads and files you never opened can all raise real doubt about knowledge. A forensic review of how and when each file reached the device is often the most important work in the case.

Will my case be in state court or federal court?

It depends on who investigates and who decides to prosecute. State cases are prosecuted by the Onondaga County DA (or the Cayuga or Oswego County DA) under Penal Law Article 263. Federal cases are prosecuted by the U.S. Attorney’s Office for the Northern District of New York under 18 U.S.C. §§2251–2252A. Federal charges often carry mandatory minimum sentences, so the choice of forum can change the outcome dramatically. Early, careful advocacy can sometimes affect that choice. See our federal crimes defense page for how NDNY cases work.

Should I talk to my employer, school or family?

Not about the facts. Anything you say to anyone other than your lawyer can be used as evidence. If you need to take leave or explain an absence, ask us what to say first. If you are a student, your school may open its own discipline case. See our university discipline and Title IX page.

Is my case confidential?

Yes. What you tell your lawyer is protected by attorney-client privilege once you consult with us about representation. We do not discuss your case with anyone without your permission. We also ask courts for protective orders that limit who can see sensitive discovery (CPL §245.70).

How a Child Pornography Defense Lawyer Challenges the Evidence

Every case is different, but we test each of these points:

The search warrant. Was there probable cause? Was the information stale? Did agents search devices, accounts or rooms the warrant didn’t cover? Evidence from an unlawful search can be suppressed.

Knowledge and control. Who owned, used and had passwords for each device? Were files in places a user would never see? We look for proof that someone else, or software, put the files there.

Your statements. Were you in custody? Were you read your rights? Did questioning stop when you asked for a lawyer? Statements taken in violation of your rights can be suppressed.

The forensic report. We hire an independent forensic examiner to check the government’s work: timestamps, file paths, how files were counted, and whether duplicates or thumbnails inflate the numbers.

Proof of age. The prosecution must prove the person shown was under the age in the statute (16 or 17 in New York, 18 under federal law). New York also allows an affirmative defense where the defendant reasonably believed in good faith that the person was old enough.

Entrapment and online sting cases. In undercover chat cases, we examine who started the contact and whether police induced the offense.

Chain of custody and discovery. We demand full, timely discovery and check how devices were seized, copied and stored.

Sentencing factors. If the evidence is strong, we focus on what drives the sentence: the charge, the count, prior record, and treatment or evaluation results. Small changes here can mean years of difference, especially in federal court.

Child Pornography Charges and Penalties in New York

All of these New York charges are felonies. Each file or count can be charged separately.

Swipe to see all columns →

Offense	Statute	Class	Max prison	Notes
Possessing a sexual performance by a child (under 16)	PL §263.16	E felony	Up to 4 years	Probation may be possible. SORA registration.
Possessing an obscene sexual performance by a child (under 16)	PL §263.11	E felony	Up to 4 years	Same as above.
Promoting a sexual performance by a child (under 17)	PL §263.15	D felony	Up to 7 years	"Promoting" includes sharing or distributing.
Promoting an obscene sexual performance by a child (under 17)	PL §263.10	D felony	Up to 7 years
Use of a child in a sexual performance	PL §263.05	C felony	Up to 15 years	Production-type charge.
Facilitating a sexual performance by a child with a controlled substance or alcohol	PL §263.30	B felony	Up to 25 years
Disseminating indecent material to minors, 1st degree	PL §235.22	D felony	Up to 7 years	Often charged in online chat cases.

Maximums from Penal Law §70.00. Fines can reach $5,000 for a felony (PL §80.00). A conviction for any of these offenses generally requires sex offender registration under Correction Law Article 6-C (§168-a). This table is general information, not legal advice about your case.

Internet Sex Crimes Attorney for Syracuse and Central New York

These are the charges we defend most often in this area. Each one has different elements, and different weak points.

Possession of child pornography lawyer (PL §263.16 / §263.11)

Possession is the most common charge. The state must prove you knowingly had the material in your possession or control, or knowingly accessed it with intent to view it. As a child pornography possession defense attorney, we focus on knowledge, control, and how the files were found.

Promoting or distributing (PL §263.15 / §263.10)

“Promoting” covers sharing, sending, or making material available, including through file-sharing software. Prosecutors sometimes treat software settings as proof of intent to share. We challenge that link.

Online solicitation of a minor lawyer

Undercover chat and “sting” cases are often charged as attempted sex offenses, disseminating indecent material to minors (PL §235.22), or federal enticement (18 U.S.C. §2422(b)) which carries a 10-year mandatory minimum. Entrapment, identity, and what was actually said all matter.

Federal charges under 18 U.S.C. §§2252 and 2252A

Federal charges cover possession, receipt, distribution and transport of child sexual abuse material. Receipt and distribution carry a five-year mandatory minimum. Possession does not, unless you have a qualifying prior conviction. See the state vs. federal table below.

Sexting cases involving teens and young adults

When images are exchanged between teenagers, or between a young adult and a teen, the law can treat them the same as any other case. Prosecutors and judges have some flexibility here. Early advocacy can make a real difference.

Charges connected to an AI-generated or altered image

Laws on computer-generated and altered images are changing quickly at both the state and federal level. If your case involves this kind of material, the exact statute and its date matter. Call us for advice on the current law.

How a Child Pornography Case Moves Through Syracuse Courts

Here is the usual path. Timing varies, and federal cases follow different rules.

Investigation.

Many cases start with an NCMEC tip, an undercover operation, or a report from someone who saw a device. Investigators may include the New York State Police, the NYS Internet Crimes Against Children (ICAC) Task Force, the Onondaga County DA’s Office, the FBI’s Syracuse office, or Homeland Security Investigations.

Search warrant.

Police seize devices and make forensic copies. Arrest can come the same day or months later, after the lab review.

Arrest and arraignment.

State cases start in Syracuse City Court (505 South State Street) or the town or village court where the arrest happened. The judge decides release conditions. Courts often add conditions such as no unsupervised contact with minors and limits on internet use.

Felony hearing or grand jury.

A felony must be presented to a grand jury and indicted before trial, unless you waive that right (CPL Art. 190, §195.10). If you are held in custody, the law sets short deadlines (CPL §180.80).

Onondaga County Court.

After indictment, the case moves to Onondaga County Court at the Onondaga County Courthouse, 401 Montgomery Street. Our office at 300 South State Street is a short walk away.

Discovery.

The prosecution must turn over its evidence under CPL Article 245, including the forensic reports. Images themselves are usually reviewed under strict protective orders.

Motions

We file motions to suppress the search, the seized devices and any statements, and to dismiss defective counts (CPL Art. 710).

Resolution.

The case ends in dismissal, a negotiated plea, or a trial. If you are convicted, the court holds a separate SORA hearing to set your risk level (Correction Law §168-n).

Federal cases:

these start with an initial appearance before a magistrate judge at the James M. Hanley Federal Building, 100 South Clinton Street, Syracuse. The government may seek detention. Defense review of the images happens at a government facility, not in our office (18 U.S.C. §3509(m)).

Outside Onondaga County:

Auburn cases go to Auburn City Court, then Cayuga County Court. Oswego cases go to Oswego City Court, then Oswego County Court.

Federal Child Pornography Lawyer: State vs. Federal Charges

The same conduct can be charged in either system. Here is how they compare.

Swipe to see all columns →

	New York State	Federal (NDNY)
Main statutes	PL §§263.05–263.30	18 U.S.C. §§2251, 2252, 2252A, 2422(b)
Prosecutor	County District Attorney	U.S. Attorney's Office, NDNY
Court in Syracuse	City or town court → Onondaga County Court	U.S. District Court, NDNY (Syracuse)
Possession	E felony, up to 4 years. Probation possible.	Up to 10 years (up to 20 if a child under 12 is shown). No mandatory minimum for a first offense.
Receipt or distribution	D felony (promoting), up to 7 years	5-year mandatory minimum, up to 20 years
Production	C felony and up	15-year mandatory minimum, up to 30 years
Enticement of a minor online	Attempt or PL §235.22	10-year mandatory minimum, up to life
Prior qualifying conviction	Higher sentencing ranges	Mandatory minimums increase (for example, 10 years for possession)
Supervision after prison	Post-release supervision / probation	Supervised release, 5 years to life
Registration	NY SORA (Levels 1–3)	Federal SORNA plus NY SORA
Restitution and assessments	Possible	Restitution to identified victims and special assessments
Time limit to charge	Generally 5 years for felonies	No statute of limitations for these offenses (18 U.S.C. §3299)

Federal sentences are also shaped by the U.S. Sentencing Guidelines (§2G2.2), which add levels for things like the number of images and the use of a computer. Judges may sentence below the guideline range. Our team handles both systems. See also our federal crimes defense page.

What a Conviction Can Mean for the Rest of Your Life

Sex offender registration.

Most Article 263 convictions require registration. Level 1 lasts 20 years; Levels 2 and 3 last for life, with limited relief (Correction Law §168-h). The level is set at a SORA hearing, and it can be fought. See SORA hearings and risk levels.

Where you live and work.

Probation or parole conditions can limit where you live, who you see and what jobs you can hold.

Internet and device limits.

Courts often restrict internet use and allow device monitoring during supervision.

Professional licenses.

Teachers, nurses, doctors, coaches and others may lose or be denied a license.

Immigration

For non-citizens, these charges can lead to deportation. Talk to us before any plea (8 U.S.C. §1101(a)(43)(I)).

Family court.

Custody and visitation can be affected, even before a case ends.

Firearms.

A felony conviction ends your right to own guns.

Travel.

Registration rules can affect travel within the U.S. and abroad.

Results From Our Attorneys

People v. Cohen

SORA risk level reduced from Level III to Level II.

Handled by Melissa K. Swartz. If you were already convicted, our criminal appeals team can review post-conviction options.

Prior results do not guarantee a similar outcome.

MEET THE TEAM

Meet Your Child Pornography Defense Lawyers

Cambareri & Brenneck was founded by, and is made up of, former Onondaga County prosecutors. In a digital evidence case, that means a team that knows how warrants are drafted, how forensic reports are written, and where the gaps usually are.

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Melissa K. Swartz

Attorney

State and federal trial and post-conviction defense; NDNY CJA panel representative

Joe Centra, Esq.

Attorney

Former ADA, Law & Appeals bureau

(Ret.) Judge John

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit

Melissa K. Swartz

Attorney

State and federal trial and post-conviction defense; NDNY CJA panel representative

Joe Centra, Esq.

Attorney

Former ADA, Law & Appeals bureau

(Ret.) Judge John

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

WHY CHOOSE US

Why Choose Former Prosecutors for Your Child Pornography Defense

Former Onondaga County Prosecutors

We used to review these investigations for the prosecution. Now we use that insight to find the weak points.

State and Federal Court

We defend cases in Onondaga County Court and in federal court in Syracuse, and we know how the two systems differ.

Confidential From the First Call

Your consultation is private. We never discuss your case without your permission.

Free Consultation

Call 315-424-8326 or send a message. Bring the warrant or charging papers and we'll explain your options.

AREAS WE SERVE

Defending Clients in Syracuse & Central New York

Syracuse, NY

Downtown office at 300 South State Street, near Syracuse City Court, Onondaga County Court and the federal courthouse.

Onondaga County towns

Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga and Baldwinsville.

Auburn (Cayuga County)

Auburn City Court and Cayuga County Court.

Oswego (Oswego County)

Oswego City Court and Oswego County Court.

FAQS

Child Pornography Charges: Frequently Asked Questions

What is the difference between possessing and promoting child pornography in New York?

Possessing means knowingly having the material, or knowingly accessing it with intent to view it. It is usually charged under Penal Law §263.16 or §263.11, both class E felonies. Promoting means sharing, sending, selling or making it available to others. It is charged under §263.15 or §263.10, both class D felonies with higher sentences.

Can I be charged if I didn't know the files were on my device?

You can be charged, but knowledge is something the prosecution must prove. New York and federal law both require knowing possession or access. Shared devices, other users, malware, automatic downloads and files that were never opened can all support a defense. An independent forensic review often shows how and when files really arrived.

Can you go to jail for watching child pornography online without downloading it?

Possibly. Since 2014, New York law has covered knowingly accessing this material with intent to view it, not just saving it. That change followed a Court of Appeals decision about files stored automatically in a browser cache. Whether your conduct fits the statute depends on the forensic evidence, so get advice before you talk to anyone.

Will my case be in state or federal court in Syracuse?

It depends on which agency investigated and which prosecutor takes the case. State cases go through Syracuse City Court or a town court and then Onondaga County Court. Federal cases go to the U.S. District Court in Syracuse. Federal charges often carry mandatory minimum sentences, so early legal advice can matter a great deal.

What should I do if police come to my home with a search warrant?

Stay calm, don’t resist, and don’t answer questions. Say you want to speak with a lawyer. Don’t unlock devices, give passwords or delete anything, because deleting evidence is a separate crime. Ask for a copy of the warrant and the property receipt. Then call Cambareri & Brenneck at 315-424-8326 the same day.

Is there a mandatory minimum sentence for child pornography in New York?

Under New York law, a first possession conviction has no mandatory prison term, and probation may be possible in some cases. Federal law is different. Receipt and distribution carry a five-year mandatory minimum, and production carries fifteen. Federal possession has no mandatory minimum for a first offense, but a prior conviction can trigger one.

Will I have to register as a sex offender?

Most convictions under Penal Law Article 263 require registration under New York’s Sex Offender Registration Act. A judge sets your risk level at a SORA hearing, and the level decides how long you register and whether you appear on the public website. You have the right to challenge the level the state recommends.

How long do prosecutors have to bring child pornography charges?

In New York, most felony charges must be brought within five years, with some exceptions that can extend that time. Federal law sets no time limit for child sexual exploitation offenses. Because cases can be charged long after a search, it is worth talking to a lawyer as soon as you learn of an investigation.

Can a child pornography charge be reduced or dismissed?

Yes, in some cases. Charges can be dismissed if the search was unlawful, if knowledge can’t be proven, or if discovery rules were broken. Others are reduced through negotiation, which can lower the sentence or the SORA impact. No lawyer can promise a result, but a careful review of the warrant and forensics is where it starts.

How much does a child pornography attorney cost, and is the consultation confidential?

The fee depends on whether the case is state or federal, how far along it is, and whether experts are needed. We explain the cost in a free, confidential consultation before you decide anything. What you tell us stays private. Call 315-424-8326 or send a message to speak with a former prosecutor.

Reviewed by Melissa K. Swartz, former Onondaga County Assistant District Attorney and NDNY CJA panel representative. Last updated October 2026.

Free Confidential Consultation

Under investigation or already charged? Tell us briefly whether police searched your home or devices and whether you have a court date. A member of our team will get back to you quickly. You can also call 315-424-8326.

Phone Number

315-424-8326

info@yourcriminaldefense.com

Locations

300 South State Street 1st Floor, Syracuse, NY 13202

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