There are few criminal charges that can place a black mark on someone like a child pornography offense. If you were found in possession of photographs or videos that sexually depict children, the incident can cause huge issues in your life. The scenario is even more complicated if you distributed child pornography, for example, shared a file with other individuals on the internet. The situation can get even worse if you were involved in producing or selling images. The best advice for someone involved in any of these forms of child pornography is that they get the best attorney they can afford to handle their case so that they do not end up like this Newark man. The Law Offices of Jonathan F. Marshall can provide the level of experience and commitment you need to produce results. Call our Newark Office for a free consultation anytime 24/7 at 973-710-1520.
Possession of Child Pornography
It is a third degree crime to possess, view or control any item that depicts the sexual exploitation or abuse of a child. A depiction that can qualify as child pornography under this law includes, but is not limited to, a photograph(s), film video tape, computer program or file, internet download or file, or other production that shows a child engaging in a sexual act. It is important to keep in mind that the conduct of the accused must be knowing, meaning that they intended to possess or view the image. Neither the lack of knowledge that the child was under 16 nor the belief that the child was 16 or older is a defense to possession of child pornography. An individual faces a jail term of up to five (5) years and a fine of $15,000 upon conviction for viewing or possessing child pornography.
Distribution of Child Pornography
In accordance with N.J.S. 2C:24-4, there are three (3) scenarios under which an individual may be indicted for producing or distributing child pornography. The first variety of this offense, which is a second degree crime, arises when an adult causes or permits a child to engage in child pornography. The accused must have reason to know or intend for the sexual conduct to be photographed, filmed, reproduced or reconstructed in any manner including on the internet. When the defendant is a parent, guardian or other person responsible for care or custody of the child, the offense is enhances to a first degree crime. It is also a second degree crime under this law to act as the photographer or videographer in conjunction with a piece of child pornography. To sustain an indictment or charge for this form of child pornography, the prosecutor must prove that the child was under sixteen (16) and that the defendant photographed or filmed a sexual act or simulation of a sexual act. Third, an individual may be charged with a second degree crime if he or she receives child pornography for the purpose of selling it or sell, transfer, publish, distribute, circulate, or exhibit the material. If convicted of distribution/producing/videotaping child pornography, this second degree crime carries 5-10 years in prison and a fine of up to $150,000.
What Is Child Pornography?
The prohibited acts encompassed are sexual intercourse, anal intercourse, masturbation, bestiality, sadism, masochism, fellatio, cunnilingus, or nudity if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction, or any act sexual penetration or sexual contact.
How Old Does The Child Have To Be For The Photo or Video To Be “Child Pornography”?
It is the prosecutors obligation to prove that the victim is under sixteen (16). However, if the person depicted clearly appears to be under sixteen (16), a rebuttable presumption arises that this element of the offense has been satisfied. In addition, if the victim is actually under sixteen (16), it is not a defense that the defendant believed that the child was 16 years of age or older.
Call Our Essex County Child Pornography Attorneys For Immediate Assistance
A child pornography offense is extremely serious. You absolutely need to consult an attorney if you are facing a charge or indictment under N.J.S. 2C:24-4. An experienced Newark Sex Offense Attorney from our firm is available immediately at 973-710-1520.