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Child pornography laws are strict and have severe implications, including up to 25 years in prison and thousands of dollars in fines. There are both state and federal child pornography laws, and it is important to understand the laws in each jurisdiction.
A defense lawyer plays a critical role in these sensitive and complex cases, as they can negotiate for lesser charges or defend the accused in court. Rosenblum Law criminal defense attorneys are experienced in defending against child pornography cases. Contact us today if you are facing accusations regarding child pornography.
This article provides detailed guidance for those accused of child pornography in New Jersey, and how an attorney can help.
Understanding Child Pornography Laws in New Jersey
State Law
The scope of child pornography under New Jersey law is found in Section 2C:24-4 of the state criminal code. Under the law, an item depicting the sexual exploitation or abuse of a child is defined as a photograph, film, video, electric or digital recording, image stored or maintained on a computer, or any other reproduction or reconstruction that depicts a child committing or simulating a sexual act. This also covers portraying a child in a sexual manner. A child is defined as any person under the age of 18.
Possession of child pornography is defined as receiving, viewing, or having under one’s control items depicting the sexual exploitation of a child. New Jersey law does not impose mandatory minimum sentences until someone possesses at least 25 items of child pornography.
Distribution of child pornography is defined as knowingly distributing items, knowingly possessing items with intent to distribute, and knowingly storing or maintaining items on a file-sharing program where others can find and download them.
Production of child pornography means taking any photograph, film, video, electric or digital recording, or any other image of a child in a sexual manner.
Penalties for Child Pornography in New Jersey
The general fines and sentences for first-, second-, and third-degree crimes in New Jersey are:
- First degree: 10 to 20 years in prison and up to $200,000 in fines
- Second degree: 5 to 10 years in prison and up to $150,000 in fines
- Third degree: 3 to 5 years in prison and up to $15,000 in fines
Possession of child pornography in New Jersey can be a first-, second-, or third-degree crime. It is a first-degree crime if 100,000 or more items are possessed. It is a second degree crime at least 1,000 but less than 100,000 items are possessed. It is a third-degree crime to possess less than 1,000 items. An extended term of imprisonment is required if one possesses 100 or more items.
Distribution of child pornography is a crime in the first degree for 1,000 or more images, otherwise it is a crime in the second degree. If someone distributes at least 25 but not more than 1,000 images, they will face a minimum term of imprisonment of one-third of the sentence or 10 years, whichever is greater, before being eligible for parole.
Production of child pornography is a first-degree crime if someone causes a child to engage in sexual activity knowing that it will be photographed, filmed, or be part of an exhibition. Someone commits a second-degree crime if they photograph or film a child in a sexual manner.
Federal Law
Federal child pornography charges are more serious than New Jersey charges and are detailed in 18 U.S. Code § 2251. Federal charges for the distribution or production of child pornography can range from 15 to 30 years in prison. Those who receive or distribute child pornography under federal law 18 U.S. Code § 2252 can receive 5 to 20 years in prison. Individuals who have a previous history of child pornography charges may face between 15 and 40 years in prison.
Immediate Steps to Take If Accused of Child Pornography
The first step to take when accused of possessing, distributing, and/or producing child pornography is to contact a lawyer immediately. When accused of child pornography, one should also:
- Avoid talking to the police or participating in any investigation without an attorney present. One has the right to remain silent and the right to an attorney.
- Avoid self-incrimination; do not admit to anything, and don’t contribute evidence without a warrant.
- Preserve evidence of innocence and document exactly how the materials were found or seized.
How an Attorney Can Help in Child Pornography Cases
An attorney can help in child pornography cases in numerous ways, starting with providing immediate legal advice and protecting the rights of the client. The attorney will then conduct a thorough investigation of the charges, and will be able to formulate the most effective legal strategy to defend their client.
An attorney also can challenge the legality of searches and seizures. If the correct procedures were not followed, this could result in key evidence being thrown out and the case being dismissed. On a related note, an attorney can also question the validity and handling of digital evidence.
In addition, an attorney will negotiate with prosecutors for reduced charges or alternative sentencing. If the matter goes to court, the attorney will represent the client in court proceedings, from pre-trial motions to trial and sentencing.
Defense Strategies in Child Pornography Cases
There are some defense strategies that can be used in child pornography cases.
- Technical defenses include challenging the forensic evidence. For example, by showing that the documents or recordings seized do not depict a child in a sexual manner.
- Procedural defenses question how evidence was obtained. If evidence was obtained unlawfully, it could result in dismissal of the charges.
- Substantive defenses include arguing lack of intent or knowledge, arguing that the defendant did not intend to possess child pornography. For example, they could have clicked on a file that was intentionally mislabeled. However, for this defense to be successful, the defendant must have tried to destroy the items or contacted authorities.
New Jersey law does not allow the defense of lack of intent to distribute child pornography if it is stored or maintained on a file-sharing program, regardless of whether anyone downloaded the material or not. A defendant could argue that the material was downloaded as a mislabeled file or as a group of files, and that they did not know the content of the files.
An attorney can also explore plea bargains and alternative sentencing options. A plea bargain is when the defendant pleads guilty to a lesser charge in exchange for reduced penalties. Upstanding citizens who have never before been in trouble with the law may be eligible for alternative sentencing options depending on the facts of the case.
FAQs
If you are accused of possessing or producing child pornography, contact a criminal defense attorney immediately. It is best to choose an attorney experienced in defending clients in child pornography cases.
The lawyer can help you in a child pornography case by representing you in court, examining evidence and procedures to determine a defense strategy, and protecting your rights. An attorney can also negotiate with the prosecution for reduced charges and penalties.
The possible defenses against child pornography charges include technical defenses, procedural defenses, and substantive defenses. Lack of intent or knowledge is a common defense, as are procedural defenses that challenge how evidence was collected. An attorney is best equipped to argue these defenses on your behalf and select a defense strategy that is the most effective for your situation.
Digital evidence is handled by a computer forensic team to determine how the material was downloaded and whether it was ever opened by the defendant. Computer forensic teams can be working for the prosecution or the defense. The computer or device is examined first to determine how the material was downloaded. The items themselves are individually examined to determine if they were over opened by the defendant. The internet can be used to determine how items may have been distributed.
The potential penalties for a conviction depend on whether you are charged with possession, distribution, or production, and the degree of the crime. One can expect a minimum sentence of 5 years for any child pornography charge. Prison terms for first-time offenders can go up to 20 years with minimum sentences required before being granted parole. Fines start at $15,000 and can range up to $250,000.
Child pornography charges can be dismissed if there were procedural failings in how evidence was collected. The charges may also be dismissed if one can prove a lack of intent or knowledge. Child pornography charges may be reduced if an attorney can successfully negotiate with prosecutors.
Sex offenders, including those convicted of child pornography, must fill out a registration form and submit it to their local police department. The police department adds the offender to The New Jersey Sex Offender Internet Registry. Any time the convicted sex offender moves or changes jobs they must submit a new form to law enforcement. The NJ sex offender registry is open to the public.
You have the right to remain silent and not incriminate yourself. You also have the right to an attorney, and the right to have them present during questioning and other areas of the investigation.
The legal process in child pornography cases can vary depending on how much evidence there is against the defendant. Forensic examination of the evidence can take a considerable amount of time.
You can appeal a conviction for child pornography if you can prove that a judicial error was made. An attorney can best examine your case and determine your chances of winning on an appeal.
Contact Rosenblum Law Today
It is extremely important to have immediate and skilled legal representation in a child pornography case. Never participate in an investigation or questioning without an attorney by your side. Child pornography cases are complex and sensitive in nature, and require the experienced attention of an attorney.
Rosenblum Law criminal defense attorneys have extensive experience in successfully defending clients in child pornography cases. Contact us today for a free consultation and immediate representation.
Last updated: Sep 24, 2024
