Hudson County Child Pornography Lawyer

The Former Prosecutors & Highly Experienced Lawyers In Our Jersey City Office Defend Child Pornography Charges Resulting From Possession, Distribution or Participation in a File Sharing Network

Local police departments, the Hudson County Prosecutor’s Office and the Office of the Attorney General have turned up the heat on those who possess or distribute child pornography in towns like Union City, Hoboken, North Bergen, Jersey City and Bayonne. The result is far more Hudson County criminal charges for possession of videos, pictures and other files that depict children in a sexually exploitive fashion. There has also been a sharp increase in the number of individuals charged with a second degree crime for either distribution or for participating in a file-sharing network containing child pornography. Hiring an attorney who has a track record of success defending child pornography charges is an absolute necessity if you want to avoid jail and the stigma of this offense. We are the Law Offices of Jonathan F. Marshall, a team of former prosecutors and highly experienced lawyers with over 150 years of combined experience. For a free consultation with a lawyer who has handled many cases just like yours

How Is Child Pornography Defined?

Child pornography is defined under N.J.S.A. 2C:24-4b as any photo, video, digital recording or stored file that contains a depiction of a child in a sexually exploitative or abused fashion including images of intimate parts, participation in sex acts or simulating acts.

What Is A File Sharing Network?

File sharing network, also referred to as a peer t0 peer filed sharing program, means an electronic connection between computers that allows someone to access the files on the computer of another member of the network and for the user to share his computer files with other members of the network.

Can You Go To Prison For Possession of Child Pornography?

Yes. If you possessed 100 or more images depicting exploitation of a child, the Hudson County Superior Court Judge presiding over your child pornography charge must impose a period of imprisonment “unless, having regard to the character and condition of the defendant, it is of the opinion that imprisonment would be a serious injustice which overrides the need to deter such conduct by others.” You should also know that there is a virtually certainty of a prison sentence if you are convicted of either a first or second degree crime under 2C:24-4b.

When Does A First Degree Crime Arise Under N.J.S.A. 2C:24-4b?

There are several ways that a first degree crime can result in accordance with this law. The first way is for the accused to be someone who causes or permits a child to engage in conduct (e.g. filming, photographs, etc.) to create child pornography. The second category of first degree crime results where 1,000 or more depictions are distributed to another party or stored/maintained on a file sharing network. The third scenario for a first degree child pornography offense arises where someone possesses 100,000 or more images depicting the sexual exploitation of a child.

What Is Required In Order For Someone To Be Charged With A Second Degree Crime Under N.J.S.A. 2C:24-4b?

Distributing or storing/maintaining less than 1,000 images of child pornography is the most common scenario for someone being arrested and charged with a second degree crime.  It is also a second degree crime to be in possession of at least 1,000 but less than 100,000 photos or other depictions of the sexual exploitation of a child.

Is A Video Considered A Single Depiction Or Is It Considered Several In Determining the Degree of Crime?

Each video or movie that depicts a sexual exploitation of a child is considered ten items for purposes of determining the grade of crime. A single photo or depiction is considered one item for purposes of aggregation.

What Are The Penalties If You Are Convicted Of Possession, Distribution or Participation In A File Sharing Network?

The penalties that may be imposed at the county courthouse in Jersey City are severe if you plead or are found guilty of a charge for child pornography. The least severe scenario is a third degree crime for possessing or viewing less than 1,000 items of child pornography. This is a third degree crime that carries the potential for up to 5 years in prison and a fine of up to $15,000. However, as previously stated, the court must impose some period of either county jail time or state prison where 100 or more items are possessed/viewed, unless it finds that incarceration would be a serious injustice which overrides the need to deter such conduct by others.

A second degree crime for possession of at least 1,000 but less than 100,000 items of child pornography, distribution of child pornography or participation in a peer to peer file sharing network triggers 5 to 10 years in prison and a fine that can reach $150,000. The sentencing judge is required to impose a period of parole ineligibility of at least 5 years (i.e. mandatory minimum period of confinement that must be served) where the violation involves at least 25 but less than 1,000 sexually exploitative depictions.

First degree charges under 2C:24-4b carry 10-20 years in prison and a maximum fine of $200,000. When the case involves distribution of child pornography or file sharing involving 1,000 or more items, the mandatory minimum sentence that must be served without any opportunity for parole is 10 years.

There are also enhancements to penalties where the someone is convicted of a second or subsequent violation under this law. In this regard, the defendant is automatically subject to an extended term.

How Long Does The Prosecution Have To File A Child Pornography Charge?

The statute of limitation is endangering the welfare of a child, including possession or distribution of child pornography, is 5 years from the date that the victim reaches the age of 18 or within two years of the discovery of the offense by the victim, whichever is later.

Hudson County Defense Attorneys for Child Pornography Charge

If you were arrested on child pornography charges in Hudson County, including in North Bergen, Hoboken, Guttenberg, Union City or Secaucus, selection of the right lawyer to defend you may be the most important decision you will make in this process. The lawyers in the Jersey City Office of our firm are accomplished criminal litigators that have a track record that is extensive in this area of defense. This attribute is extremely important since endangering the welfare of a child charges involving child pornography tend to be some of the most highly contested criminal cases an attorney will face at the Jersey City courthouse. Our attorneys are ready to provide a free consultation at your convenience if you call 201-309-0500. Please do not hesitate to contact us for the sound legal counsel that you need in this difficult time.

 

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