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 results 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 with child pornography to hire a NJ 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 is comprised of ten (10) attorneys that specialize in defending the accused. Most of the members of our team are former prosecutors that 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 1-877-322-2865 for a 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 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 a 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 knowing. 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 results in 5-10 years of imprisonment. It is a third-degree crime resulting in up to 5 years in prison to knowingly possess less than 1,000 images. It is also a third-degree crime to view any photograph, film video tape, computer program or file, or any other production or reconstruction which 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 On 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. To speak to one of the attorneys at the Law Offices of Jonathan F. Marshall, call 1-877-322-2865. A lawyer is available to take your call anytime 24/7.
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
Intenet Crime Defense Lawyer in New Jersey
Frequently Asked Question In Child Pornography Possession Cases
Possession of Child Pornography
When Does An Image Depict Sexual Exploitation Or Abuse Of A Child ?
An item is child pornography when it depicts the sexual exploitation or abuse of a child. Something falls within this definition if it is a photograph, film, video, an electronic, electromagnetic, or digital recording, an image stored or maintained in a computer program or file or a portion of a file, or any other reproduction or reconstruction which either:
- depicts a child engaging in a prohibited sexual act or the simulation of such an act; or
- portrays a child in a sexually suggestive manner.
What Types of Visual Representations Can Constitute Child Pornography?
Visual representations, such as drawings, cartoons, paintings, photographs and videos that contain depictions of minors engaged in sexual activity or are sexually provocative are considered child pornography under both New Jersey and Federal Law.
Is Mistake And Lack Of Knowledge A Defense To Possession Of Child Pornography?
It is not a defense that the defendant did not know that the child was under the age of 18 or that the defendant believed that the child was 18 years old or older, even if such a mistaken belief was reasonable. You can face serious consequences if you are charged with possession of child pornography. Talk to a New Jersey possession of child pornography criminal defense lawyer about your defense strategy.
When Is There An Inference That Someone In A Video or Photo Is A Child?
A person who is depicted as or presents the appearance of being under the age of 18 in any photograph, film, videotape, computer program or file, video game, or any other reproduction or reconstruction may be inferred to be under the age of 18.
How Does The Volume Of Pornography Involved Affect Sentencing?
A NJ endangering the welfare of a child offense stemming from possession of child pornography is a first degree crime where it involves 1,000 or more images. The sentence for first degree possession of child pornography is 10-20 years in prison. If possession involves at least 25 but less than 1,000 items of child pornography, it is a second degree crime. Second degree child pornography triggers 5-10 years in prison. In either of these scenarios, there is also a period of parole ineligibility that must be set at one-third and one-half of the sentence imposed, with a minimum of 5 years for second degree possession and 10 years for first degree distribution.
