Matter of Nadel

In Matter of Nadel (188 Misc 2d 427 [Sup Ct, NY County 2001]), Justice Richter applied the essential elements test to find that the age of the minor set forth in respective federal statutes (18) and state statute (16) to be essential elements of the definition of the crime, and found that because the federal statute criminalized attempted possession of images of children under 18 years of age, and the New York statute criminalized attempted possession of images of children under 16 years of age, Nadel's conviction under federal law did not require SORA registration.