Criminal Defense Attorney Staten Island Sex Crime Acquittal

Under New York Penal Law § 245.15 (Unlawful Dissemination or Publication of an Intimate Image), a person commits a crime when they intentionally disseminate an intimate image of another person without consent and with the intent to cause harm. 

In parallel, prosecutors may examine related statutory theories and aggravating circumstances under New York law when assessing potential charges. 

These statutes require proof of knowledge, lack of consent, and harmful intent, elements that are often assumed but not properly established in early investigations.

The client received a request through a social networking platform asking him to temporarily upload an image purportedly belonging to the requesting party. 

The sender provided what appeared to be verification materials and represented that the upload was consensual and necessary for identification purposes. 

Relying on these representations, the client posted the image briefly, then removed it shortly thereafter once concerns arose, and notified the sender of the deletion.

Unbeknownst to the client, the image was later alleged to be a digitally altered or synthetic image resembling a public figure. 

The purported victim subsequently filed a complaint, alleging violations of Penal Law § 245.15, while exploring broader privacy-related theories during the investigative stage, placing the client at risk of severe penalties despite the absence of criminal intent.

The criminal defense attorney Staten Island demonstrated that the client lacked knowledge that the image was non consensual or altered. 

Digital communications were preserved and submitted to show that the client reasonably believed the sender was the lawful owner of the image. 

Without proof of intent to harm, an essential element of Penal Law § 245.15, the charge could not stand.

New York courts evaluate ‘dissemination’ and ‘publication’ by closely examining the scope, duration, and context of exposure, rather than applying a purely numerical standard. 

The defense established that the client’s account had minimal followers, no sharing occurred, and the image was removed almost immediately. 

As such, the limited scope and brief duration of the posting significantly weakened the prosecution’s ability to establish dissemination, intent, and harm under Penal Law § 245.15.
 

The court emphasized that New York’s digital sex crime laws are designed to punish intentional exploitation, not innocent or mistaken conduct lacking criminal purpose. 

This decision reinforces the principle that context, intent, and statutory precision remain central to criminal liability in online content cases. 

For individuals facing similar accusations, early representation by a criminal defense attorney Staten Island can be decisive in preventing wrongful convictions.