Charged With Possession or Distribution of Child Pornography?
Child pornography is more prevalent than ever given the growth of the internet, peer-to-peer networks, social media and other technology. Lawmakers recognize this issue and have expanded the scope of the New Jersey Child Pornography Law to encompass not only traditional sources of sexually explicit material but also images and simulations on the Internet. If you were charged with possession of child pornography, distribution of child pornography or creating child pornography, our Freehold NJ Defense Attorneys can help you. The lawyers at our firm are former prosecutors in Monmouth County and comprise the largest criminal team in the county. We have represented clients charged with child pornography at the Freehold Courthouse on many occasions with success. Call our office to go over the details of your case and to learn what your best options are for escaping this offense without life changing consequences. Lawyers at the firm can be reached 24/7 at 732-462-1197 for free consultation. Call us if you were arrested in Wall, Aberdeen, Tinton Falls, Allenhurst, Marlboro or elsewhere for child pornography.
Possession of Child Pornography
Child pornography is defined by law as a photograph, film, video, an electronic, electromagnetic or digital recording, an image stored or maintained in a computer program or file or in a portion of a file, or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act. It is a third degree crime for anyone to possess material falling within this definition. Possession or to possess includes receiving, viewing, or exercising control over through means such as a peer-to-peer network or the internet. To convict someone for this form of child pornography, the prosecutor must establish that they knowingly possessed or viewed “child pornography” and also that knew that the purpose of the depiction of the nudity was to provide sexual stimulation or gratification of any person viewing the depiction. Lack of knowledge that the child was under sixteen (16) or a bona fide belief that they were eighteen (18) or older, is not a defense to possession of child pornography.
Possessing child pornography is a crime of the third degree that carries a prison sentence of 3-5 years ad a fine of up to $15,000. Possession of 100 or more depictions requires imposition of some period of imprisonment absent the judge finding that it would result in a serious injustice. You should also know that while a third degree crime is eligible for Pretrial Intervention (“PTI”), prosecutors typically object to admission of those accused of child pornography. The result is that this offense is rarely something that is resolved via PTI, especially without an attorney who is highly knowledgeable and experienced in dealing with the Monmouth County Prosecutor’s Office. Our attorneys have this level of familiarity and some have even served as prosecutors in the county.
Distribution of Child Pornography
Child pornography escalates to a second degree crime when it involves selling or distributing prohibited materials. A person violates this provision if he/she sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes or circulates, disseminates, presents, exhibits, advertises offers or agrees to offer any photograph, film, video tape or any other reproduction including on the Internet which depicts a child engaging in the prohibited sexual act or in simulation of such act. The prosecutor must establish two (2) things in order to convict someone of this second degree offense. First, he must prove that the accused knew the photographs, films or other reproductions depicted a child engaging in a prohibited sexual act or in simulation of the sexual act. Second, the defendant must have possessed the photographs, films or other reproductions for purpose of distributing, selling, transferring, or circulating the material. Simply copying child pornography therefore does not rise to the level of distribution.
- “Distribution” means the act, agreement or attempt to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate, disseminate, present, exhibit, display, share, advertise, offer, or make available via the Internet or by any other means, whether for pecuniary gain or not.
- “File-sharing program” means a peer-to-peer network, computer program, application, software or operating system that allows the user of a computer on which such program, application, software or operating system is installed to designate files as available for searching by and copying to one or more other computers, to transmit such designated files directly to one or more other computers, and to request the transmission of such designated files directly from one or more other computers.
- “Peer-to-peer network” means a connection of computer systems through which files are shared directly between the systems on a network without the need of a central server. parent, guardian or another person legally charged with the care or custody of the child
The law also creates a presumption that child is under eighteen (18) if they appear in the depiction to be under eighteen (18). A violation of this provision is a second degree crime that carries a presumption of incarceration (i.e. almost certain) for a period of 5-10 years. There is also a fine of up to $150,000 that may be imposed. A second degree child pornography charge is ineligible for PTI even if the accused has no prior criminal history whatsoever. If you were charged with distributing child pornography by the Belmar, Spring Lake, Howell, Sea Bright, Red Bank, or Farmingdale, the stakes are too high to hire anyone other than an attorney with years of experience fighting cases at the Freehold Superior Court. This is exactly what our firm possesses.
Causing a Child to Engage in Sexual Conduct For Creation of Pornography
It is also a violation of the child pornography law to cause or permit someone under eighteen (18) to engage in prohibited acts for purpose of creating pornography. Prohibited acts for purposes of this section means sexual intercourse, anal intercourse, masturbation, bestiality, sadism, masochism, fellatio, cunnilingus, or nudity. A performance on the internet or to be published to the internet satisfies this definition. This offense is a second degree crime except where the defendant is the parent, guardian or another person legally charged with the care or custody of the child, in which case it is a first degree crime. The penalties previously set forth for second degree distribution of child pornography are the same for the second degree version of this offense. First degree child pornography includes punishment of up to 20 years in prison and a $200,000 fine.
Freehold NJ Child Pornography Lawyers
You need to enlist an experienced lawyer if you are under investigation by the police in Ocean, Hazlet, Little Silver, Holmdel, or Middletown for child pornography. A conviction for this offense not only carries significant penalties but also an offense that carries a stigma of perverse behavior. This is not something to take lightly so do your research wisely. You will need a skilled attorney to secure the very best outcome to your charge. Our attorneys have decades of practice experience under their belts to put into action for you. Give our Freehold NJ Child Pornography Lawyers a call to discuss the facts of your case and what can be done to help you.
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