You are here: / / THE FEDERAL CHILD-PORNOGRAPHY CRIME OF WHICH DEFENDANT WAS CONVICTED WAS...
,

THE FEDERAL CHILD-PORNOGRAPHY CRIME OF WHICH DEFENDANT WAS CONVICTED WAS BASED ON CONDUCT WHICH HAD NOT BEEN CRIMINALIZED BY A NEW YORK STATUTE AT THE TIME OF DEFENDANT’S CONVICTION; THEREFORE DEFENDANT SHOULD NOT HAVE BEEN ADJUDICATED A SEX OFFENDER UNDER SORA (FIRST DEPT).

The First Department, vacating Supreme Court’s sex offender adjudication, over an extensive dissent, determined that the federal crime of which defendant was convicted was not encompassed by New York State criminal law at the time of defendant’s conviction. The defendant sent images of adult bodies engaged in sexual conduct with his 16-year-old cousin’s (the victim’s) face superimposed on the images:

Defendant was convicted under 18 USC § 1466A(a)(1)(A) which proscribes images created, adapted or modified to appear as though an identifiable minor is engaging in sexual conduct, otherwise known as “morphed” child pornography. We agree with our dissenting colleague that defendant’s actions were deplorable. Nevertheless, we are constrained to find that this conduct does not give rise to criminal liability under the analogous New York State statute, Penal Law § 263.15, as it existed at the time of [defendant’s] conviction. Therefore, the court erred in adjudicating defendant a sex offender. People v Lewis, 2026 NY Slip Op 01016, First Dept 2-24-26

Practice Point: Here defendant was convicted of a federal child-pornography offense for conduct which was not covered by a New York criminal statute. Therefore defendant could not be adjudicated a sex offender based on the federal conviction.

 

You might also like
FAILURE TO TIE OFF LANYARD WAS NOT THE SOLE PROXIMATE CAUSE OF PLAINTIFF’S DECEDENT’S FALL, ABSENCE OF A GUARDRAIL ON THE SCAFFOLD REQUIRED SUMMARY JUDGMENT ON THE LABOR LAW 240(1) CAUSE OF ACTION.
Elements of Tampering with Physical Evidence
STATUTORY PRESUMPTION THAT THE PAINT CONTAINED LEAD DID NOT APPLY BECAUSE THERE WAS NO EVIDENCE THE INTERIOR OF THE BUILDING WAS PAINTED PRIOR TO JANUARY 1, 1960; HOWEVER QUESTIONS OF FACT WERE RAISED ABOUT THE PRESENCE OF LEAD PAINT AND THE CONNECTION BETWEEN THE PAINT AND INFANT PLAINTIFF’S LEAD POISONING, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (FIRST DEPT).
PRENUPTIAL AGREEMENT INTERPRETED TO WAIVE TEMPORARY MAINTENANCE DESPITE ABSENCE OF THE PRECISE TERM.
USING A NEW YORK VIRTUAL LAW OFFICE PROGRAM (VLOP) ONLY AS A MAILING ADDRESS AND AS AN AGENT TO ACCEPT SERVICE DOES NOT SATISFY THE REQUIREMENT THAT AN ATTORNEY PRACTICING IN NEW YORK HAVE A PHYSICAL OFFICE IN NEW YORK, HOWEVER THE ACTION BROUGHT BY THE VLOP ATTORNEY IS NOT A NULLITY AND SHOULD NOT HAVE BEEN DISMISSED (FIRST DEPT).
Water Tracked In from Sidewalk Cleaning Raised Question of Fact About Creation of a Dangerous Condition in a Slip and Fall Case—Open and Obvious Condition Relieves Owner of Duty to Warn But Not Duty to Keep Premises Safe
ALTHOUGH THE DAMAGES WERE DEEMED EXCESSIVE, PLAINTIFFS’ MULTI-MILLION DOLLAR VERDICT IN THE ASBESTOS MESOTHELIOMA ACTION WAS SUPPORTED BY THE EXPERT EVIDENCE OF CAUSATION (FIRST DEPT).
DEFENDANT’S MOTION TO VACATE THE 1994 ATTEMPTED MURDER CONVICTION ON “ACTUAL INNOCENCE” GROUNDS SHOULD NOT HAVE BEEN SUMMARILY DENIED; DEFENDANT SUBMITTED SUFFICIENT EVIDENCE TO WARRANT A HEARING, I.E., EVIDENCE A DECEASED COOPERATING WITNESS HAD CONFESSED TO BEING THE SHOOTER (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PURSUANT TO THE HOUSING STABILITY AND TENANT PROTECTION ACT (HSTPA) AND NEW... A POLICE CAR RESPONDING AN EMERGENCY CALL SWERVED INTO A TURN LANE TO PASS A...