A Bronx man pleaded guilty to promotion of child pornography that depicted children as young as three-years-old being sexually abused.
“The defendant promoted disturbing videos of young children — even toddlers — engaged in sexual acts,” Bronx District Attorney Darcel D. Clark said. “His actions are abhorrent and we will continue to prosecute anyone who causes irreparable harm to children while hiding behind a computer screen.”
The defendant, Raymond Fontanez, 43, of the 100 block of Alexander Avenue in the Mott Haven section of the Bronx, pleaded guilty on Wednesday before Bronx Supreme Court Justice Robert Neary to Promoting an Obscene Sexual Performance by a Child. He will be sentenced on Sept. 20 and is expected to receive two to six years.
Fontanez was first noticed by a detective with the New York Police Department’s Vice/Major Case Squad. The detective saw that an Internet Protocol (IP) address was offering to share ten images and videos of child pornography.
The IP address was traced back to a computer in Fontanez’s apartment. After obtaining a search warrant, police seized Fontanez’s laptop, which contained more than 500 videos and images of child pornography. The defendant did not participate in the sexual acts depicted. He was indicted for 1020 counts of child pornography promotion and possession in August 2016.
According to federal law, images of child pornography are not protected under the First Amendment and are considered illegal contraband.
“Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.”
“Notably, the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.”