Local and state law enforcement agencies have begun to use technology to their advantage in investigating and prosecuting child pornography crimes. The New Jersey State Police have been making large-scale arrests of individuals who either possessed or distributed child pornography on their home computers. One shining example of this was the arrest of four Burlington County residents who allegedly violated New Jersey’s Child Pornography laws. While you may think that you have cleared your hard drive or covered your tracks by using private phone applications, law enforcement officers have shown that their technological resources may allow them to recover these images or videos. If you are arrested for possession of child pornography, distribution of child pornography or manufacturing child pornography, you could be facing up to twenty (20) years in New Jersey State Penitentiary, Mandatory Megan’s Law Registration and Parole Supervision for Life. This is in addition to any public scorn and humiliation you may be facing in your community.
Possession of Child Pornography Lawyer Mount Laurel, NJ
Possession of Child Pornography is a third degree indictable offense in NJ. Under N.J.S.A. 2C:24-4b(5)(b), is it illegal to ”knowingly possess, view or have under your control, anything that depicts the sexual exploitation of a child.” What qualifies as “sexual exploitation”? New Jersey has defined “sexual exploitation” as anything that shows a child engaging in a prohibited sexual act or in the simulation of such an act. That means even a photo of a child fully clothed but “simulating” a sexual act could potentially qualify as an offense under this definition. For more information on child porn possession, contact our office.
As a third degree indictable offense, possession of child pornography carries between three (3) and five (5) years in a New Jersey State Penitentiary, a $15,000 fine and a criminal record. Also, if the amount of images/videos involved exceeds 100, you will be subject to a mandatory term of incarceration.
Distribution of Child Pornography Attorney Bordentown NJ
In the unfortunate event that you are facing charges for distribution of child pornography, you will be facing a second degree indictable offense. Pursuant to N.J.S.A. 2C:24-4b(5)(a), it is illegal to “distribute, possess of with the intent to distribute or storing any item that depicts the sexual exploitation or abuse of a child.” If you are found guilty of second degree child porn distribution, you may be sentenced to a term of imprisonment up to ten (10) years, a $150,000 fine, Mandatory Megan’s Law Registration and Parole Supervision for Life. Also, if the number of images/videos involved exceed 25 items, then there will be a mandatory period of parole ineligibility.
Pursuant to N.J.S.A. 2C:24-4b(3), it is a crime to manufacture child pornography. Essentially, anyone if you are found to have “caused or permitted a child to engage in a prohibited sexual act or in the simulation thereof.” For the State to convict someone under this statute, their must be proof beyond a reasonable doubt that the defendant either:
Knew that the prohibited act may be photographed, filmed or reproduced in anyway
Had reason to know that the prohibited act may be photographed, filmed or reproduced in anyway or
Intended that the prohibited act may be photographed, filmed or reproduced in anyway.
Manufacturing child porn is first degree felony offense, the highest possible degree of a crime in New Jersey. If found guilty, you will be subject to a twenty (20) year prison sentence, a $200,000 fine, Mandatory Megan’s Law Registration and Mandatory Parole Supervision for Life. Anyone charged under this section of the statute will be facing a first degree felony offense.
Child Porn Possession Lawyer in Evesham NJ
As you can read from above, the penalties for child porn, whether possession, manufacturing or distribution, will be severe. You are staring down a prison sentence of multiple years, public stigma, Megan’s Law Registration and Parole Supervision for Life upon release. Consult with an experienced Evesham Criminal Attorney today about your case. Depending on the circumstances, the police may have obtained their evidence through an unlawful and illegal search. Allow our office to determine what, if any, defenses exist to fight your child pornography charges in New Jersey. Our firm can be reached 24/7 for your convenience. To speak with an attorney, call (609) 850-8284 today.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Mount Laurel, Point Pleasant, Princeton and Middletown. All major credit cards are accepted.