Charged With Distribution of Child Pornography in Monmouth County
Child pornography charges are fairly common in New Jersey, including in Monmouth County. This past week a teacher in Keansburg New Jersey who was charged with third degree possession of child pornography, as well as second degree distribution, pled guilty at the Monmouth County Superior Court in Freehold.
Today’s digital culture of instant access to information from anywhere in the world has made it easy to obtain pornographic material, including material involving children. Last week, another child pornography prosecution got through the conviction stage and is moving towards sentencing. 31-year-old Marc Marinoff, a former middle school teacher and camp counselor, pleaded guilty to distribution of child pornography.
Marinoff taught science and math at Joseph R. Bolger Middle School in Keansburg. He was also a camp counselor and director at the Marlboro Township Recreation Community Center. He was arrested back in March 2017 after law enforcement officers obtained evidence that he was distributing illegal videos that were on his personal computer. Specifically, he was sharing the videos on a peer-to-peer network that allows users to connect directly to one another on the Internet and easily share files.
In exchange for his plea, Marinoff agreed to a recommended prison sentence of three years, forfeiture of his job as a teacher, and waiving the ability to hold another public job in his life. Sentencing will take place in several months.
The Offense of Distribution of Child Pornography In New Jersey
The offense of distribution of child pornography is found under New Jersey statute, N.J.S.A. 2C:24-4, titled Endangering Welfare of Children. Under the statute, there are three separate categories, or types, of distribution.
Note that for all three categories the term “child” means a person under the age of 18, and a “prohibited sexual act” means sexual intercourse, anal intercourse, masturbation, bestiality, sadism, masochism, fellatio, cunnilingus, nudity of a sexual nature, or any act of sexual penetration.
The first, and most serious, category pertains to people who actually create child pornography. In this category, it is a crime to cause, or allow, a child to engage in a prohibited sexual act knowing or intending that the act may be photographed, filmed, reproduced, reconstructed on the Internet or elsewhere, or may be part of a performance.
The second category involves people who film an illegal sexual act involving a child, or create an image of an illegal sexual act. Thus, it is a crime to photograph or film a child in a prohibited sexual act, or to use any device to reproduce or reconstruct the image of a child in a prohibited sexual act.
The third category involves people who purposely distribute child pornography. It is a crime to knowingly distribute, by any means, pornographic material involving a child; to knowingly possess the illegal material with the intent to distribute it; or to knowingly store or maintain the illegal material using a file-sharing program that allows other computer users to access those files. With regard to file-sharing programs, a prosecutor need not prove that anyone actually accessed the material using file sharing. Rather, a person will be criminally liable for failing to disable the file sharing capability allowing others to access the material.
Penalties for Distribution of Child Pornography
The penalties for endangering the welfare of a child hinge on the degree of crime and which of the above mentioned categories apply.
The first and most serious category is a first-degree crime, which can result in 10 to 20 years imprisonment and a fine up to $200,000.
Both the second and third categories are second-degree crimes, which can result in 5 to 10 years imprisonment and a fine up to $150,000.
Unlike a first offense for mere possession of child pornography, a conviction for distribution of child pornography requires a person to provide his or her information to a sex-offender registry under Megan’s Law. Such a requirement could be for life.
In the Marinoff case, it appears that he fits into the third category. Further, it is likely that his prison sentence is less than the statutory 5 to 10 years in prison because he agreed to plead guilty. Accordingly, he was offered a slightly reduced prison sentence.
Monmouth County Criminal Defense Lawyers
A distribution of child pornography charge is serious, and conviction will impact the rest of your life. This is why you should strongly consider contacting our defense lawyers immediately. Remember, you are innocent until proven guilty. That is the reason you should be sure to retain an experienced, aggressive attorney to zealously defend your case in court. Take advantage of the free initial consultation by a lawyer on the legal team at The Law Offices of Jonathan F. Marshall. Call our Freehold Office at 732-462-1197 to speak to one of our attorneys anytime 24/7.
