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Child Pornography: Possible Defenses

January 5, 2022 | Posted In Criminal Law

In today’s world, activities as seemingly harmless as casual Snapchats and text messaging could even result in child pornography charges. Child pornography charges in New Jersey can result in devastating consequences: prison time, mandatory sex offender registration with the state under Megan’s Law, massive fines, and much more. If you are facing or potentially facing child pornography charges, a New Jersey criminal lawyer at Helmer, Conley & Kasselman has deep knowledge of the possible defenses to fight a child pornography charge. Our firm is not afraid to take on complex cases and stand up for our client’s rights.

Child Pornography In Today’s Digital Frontier

The New Jersey state legislature passed a sweeping anti-child pornography bill that is specifically tailored to address child pornography in today’s digital age. Casually downloaded and highly popular applications such as TikTok, Snapchat, Instagram, and Facebook could put you at risk. This New Jersey law was designed to mirror and match the toughest federal child pornography laws. 

This makes it especially important to have a skilled New Jersey criminal lawyer on your side, as they can assess the details and the many factors in your child pornography charge. Once we review the facts of your case, there may be several potential defenses available, which we’ll discuss below.

Was It Really Pornography? 

One potential defense against a child pornography charge is simply that the images are not actually pornography. With sufficient evidence and explanation, a defense can be crafted that the images are not of a sexually-explicit nature and therefore not actually pornography.

Did You Intentionally Possess Child Pornography?

In order for a child pornography charge to stand, the defendant must personally possess the child pornography. An unintended possession defense can be used when you unwillingly and unknowingly obtain possession of child pornography against your will. For example, a hacker or another user of a computer could put child pornography on your computer against your will and without you knowing.

Illegal Search and Seizure

As written in the US Constitution, everyone has a right to not be subjected to an illegal search and seizure. If the alleged child pornography in your case was discovered as the result of an illegal search, this could provide a strong defense to your charges. New Jersey courts follow the “fruit of the poisonous tree” doctrine, which means that discoveries made during an illegal search generally cannot be used by law enforcement as evidence or grounds for charges.

Protect Your Future – Get a New Jersey Criminal Lawyer 

The after-effects of a child pornography conviction can last a lifetime. You will not only have this conviction on your criminal record but may also have to spend a lifetime on a sex offender registry. You could even face limitations on your freedom, such as not being able to be within certain distances of schools or public parks. The fallout can impact every part of your future. 

This is why it is absolutely necessary to have the best defense possible. Seek legal guidance from a New Jersey criminal lawyer, as they will be familiar with the unique standards and procedures for child pornography cases in the New Jersey criminal court system. Contact us to discuss your options.

Over 20 attorneys at HCK have extensive experience in defending sex crime cases as they were former assistant prosecutors and/or police officers for a combined total of over 600 years of law enforcement experience. You can find out more about them on our site, and you can call Managing Partner Ron Helmer on his cell phone at 609 685-0665.

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Helmer, Conley & Kasselman, P.A.

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