Upstate NY Criminal Defense Attorney George LaMarche Offers Legal Opinion to News Channel 13

Posted On: December 27th, 2016

In the wake of a recent arrest of a local business owner charged with disseminating indecent material to a minor, News Channel 13 contacted George LaMarche III for a legal opinion about the defense that the defendant’s Instagram account was hacked.

Click here for the video.

What is the crime of Disseminating Indecent Material to Minor

Disseminating Indecent Material to Minor is a felony under the NY State Penal Law. In order to be found guilty of this offense the Prosecution must prove, beyond a reasonable doubt, that the defendant knew the character and content of the material, and intended to use his computer or other electronic device to send the indecent material to a person less than 17 years old.

Can the Hacking Defense Be Successful

The defense that the defendant’s Instagram account was hacked is a valid defense to these charges. If the defendant did not know the character and content of the indecent material that was placed on his phone, and/or did not himself intend to send any indecent material to a minor, his is not guilty of the offense. It will be important to have the electronic device forensically examined by a computer forensics expert to confirm the defendant’s position.

The Defendant is Presumed Innocent

In the face of serious charges like this, too often there is a rush to judgment about the defendant’s likelihood of guilt. However, it is important to remember that people are presumed innocent until proven guilty. In this day and age, with more and more computer hacking occurring, it is important to not make any assumptions until the evidence is fully explored.

If you or someone you know is in need of a trusted criminal defense attorney, contact LaMarche Safranko Law at (518)982-0770.

Consult With An Attorney

When faced with a painful and potentially life-altering legal situation, you want the best people on your team. Someone you can trust. An advocate that listens and becomes your voice. A dedicated, seasoned professional who genuinely cares and can provide guidance in a time of uncertainty.

If you have been charged with a criminal offense or you or someone close to you has been injured, contact LaMarche Safranko Law for a no-obligation consultation, or call (518) 982-0770. We have law offices in Albany, Clifton Park and Plattsburgh NY, and we are available to take your call 24 hours a day.

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LaMarche Safranko Law PLLC

LaMarche Safranko Law PLLC