Our Sex Crimes Defense Firm Includes Former County Prosecutors That Are Certified Criminal Trial Attorneys That Have Handled Countless Child Pornography Charges in NJ
There are very few criminal charges in New Jersey that impact someone like possession of child pornography. A conviction for downloading, viewing, or otherwise possessing child pornography can land you in prison for years and also result in a criminal record that the public is prone to view as an indicator of pedophilia. Dire consequences such as these make it imperative for someone charged with possession of child pornography to hire a New Jersey criminal lawyer who is skilled in defending these types of charges.
We are the Law Offices of Jonathan F. Marshall—one of the state’s largest defense firms. Our staff comprises ten (10) attorneys specializing in defending the accused. Most of our team members are former prosecutors who have served in roles like Director of Major Crimes, Special Operations, Juvenile Division, and even the entire Trial Division. That said, we have occasion to defend many individuals caught in the child pornography net of county prosecutors, local police, the Office of the Attorney General, and the United States Attorney.
Contact our office at 877-534-7338 for an immediate free consultation with one of our attorneys.
Child Pornography Possession Charges in New Jersey
There are many scenarios that result in someone being arrested on child pornography charges. In many instances, a depiction is flagged in a drive-by by an internet provider such as Google, Dropbox, Apple iCloud, AOL, SugarSync, Hightail, or Yahoo. There are also a large number of cases where a complaint filed with the National Center for Missing and Exploited Children results in an arrest. Cases originating from law enforcement sting operations on peer-to-peer file-sharing networks (e.g., uTorrent, FrostWire, Gnutella, BitTorrent, eMule, and Vuze) are also heavily on the rise. Irrespective of the origin of your arrest, your guilt or innocence will hinge on whether or not the prosecutor can prove that you violated N.J.S.A. 2C:24-4. The headings below outline some of the important aspects of this law and possession of child pornography cases.
- How Does The Prosecutor Prove This Offense? There are four (4) elements that must be established to prove a possession or viewing of child pornography offense. The accused must: (1) possess, view, or control; (2) items depicting the sexual exploitation or abuse of a child; and (3) the conduct must be known. Please note that there is no requirement that the defendant know the child was under 18, only that the depiction is actually child pornography.
- What Are The Penalties For Child Pornography Possession? A first-degree crime for possession of child pornography arises where there are 100,000 or more images and triggers a prison sentence of 10-20 years. When someone possesses at least 1,000 but less than 100,000 images, a second-degree crime for endangering the welfare of a child arises. The penalties for this grade of child pornography result in 5-10 years of imprisonment. It is a third-degree crime resulting in up to 5 years in prison to possess less than 1,000 images knowingly. It is also a third-degree crime to view any photograph, film, videotape, computer program or file, or any other production or reconstruction that depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet. In any case, where the defendant is found in possession of 100 or more images, a New Jersey Superior Court judge is required to impose a period of incarceration unless, having regard to the character and condition of the defendant, the judge is of the opinion that imprisonment would be a serious injustice which overrides the need to deter such conduct by others.
- Does Someone Have To Register Under Megan’s Law? If the conviction involves possession of more than 100,000 images (i.e., first-degree crime) or at least 1,000 images but less than 100,000 (i.e., second-degree crime), the offender is required to register under Megan’s Law. A third-degree crime for possession or viewing of child pornography does not result in sex offender registration.
- Can I Be Convicted If I Honestly Thought The Child Was An Adult? It is not a defense that the accused lacked knowledge that the victim was under 18 or that he/she reasonably believed that the victim was at least 18.
- Is Pretrial Intervention Available In A Possession of Child Pornography Case? While a third-degree charge for child pornography possession is technically eligible for pretrial intervention, prosecutors almost always object to admission based on the rationale that the offense stems from a pattern of anti-social behavior.
- How Long Does The State Have To File A Child Pornography Charge? The statute of limitation for filing an endangering offense for possession or viewing child pornography is five (5) years from the date the victim reaches 18 or within two years of discovery of the conduct by the victim, whichever is later.
Possession Stemming From Participation in a File-sharing Network
It is a separate second-degree crime when someone knowingly stores or maintains an image, video, or other item depicting the sexual exploitation or abuse of a child using a peer-to-peer file-sharing program, which is designated as available for searching by or copying to one or more other computers.
Child Pornography Possession Attorneys in New Jersey
A charge for child pornography possession clearly has the potential to be devastating irrespective of where in New Jersey your case is pending. It takes a highly skilled attorney to ensure you escape severe consequences. The sex crimes lawyers at our firm have exactly what you need with decades of experience representing clients charged with child pornography possession.
Contact The Law Offices of Jonathan F. Marshall Today
If you need legal assistance with a possession of child pornography case in New Jersey, the Law Offices of Jonathan F. Marshall can help. Our highly experienced defense attorneys are available 24/7 to take your call at 1-877-322-2865. We offer free personalized consultations to evaluate each case. Contact us today for professional legal guidance.
Child Pornography Resources
- National Center for Missing and Exploited Children
- Regional Internet Crimes Against Children (ICAC) Task Force
- New Jersey State Police Internet Crimes Against Children Task Force
- FBI Child Exploitation Task Force
- Federal Child Pornography Charges
- NJ Computer Crime Attorneys
- Internet Crime Defense Lawyer in New Jersey
Frequently Asked Questions in Child Pornography Possession Cases
Possession of Child Pornography
When Does An Image Depict Sexual Exploitation Or Abuse Of A Child ?
An image may be considered child pornography if it depicts a minor engaging in sexual activity or portrays a child in a sexually suggestive manner. This definition can apply to photographs, videos, digital files, and other visual representations. Both state and federal laws impose severe penalties for offenses involving these materials.
What Types of Visual Representations Can Constitute Child Pornography?
Child pornography laws may apply to photographs, videos, digital images, drawings, cartoons, paintings, and other visual depictions involving minors in sexual situations. The legal definition extends beyond traditional photographs and includes many forms of digital media. Whether a specific image qualifies often depends on the content and context.
Is Mistake And Lack Of Knowledge A Defense To Possession Of Child Pornography?
In many cases, claiming that you believed the individual depicted was an adult is not a valid defense. New Jersey and federal laws impose strict rules regarding possession of child pornography, and prosecutors are not always required to prove knowledge of the victim’s exact age. Because these cases involve complex legal issues, experienced legal representation is critical.
When Is There An Inference That Someone In A Video or Photo Is A Child?
A person depicted in an image may be presumed to be under 18 if they appear to be a minor based on their physical characteristics and presentation. Prosecutors often rely on this inference when pursuing child pornography charges. The issue may become a significant point of dispute in cases where age is not immediately clear.
How Does The Volume Of Pornography Involved Affect Sentencing?
The number of images involved in a child pornography case can significantly increase the severity of the charges and penalties. Larger quantities may elevate the offense to a higher-degree crime and trigger mandatory minimum prison sentences. Courts often consider the volume of material when determining an appropriate sentence.
