Freehold Child Pornography Defense
Freehold Child Pornography Defense Lawyer Serving Monmouth County
The lawyers at Helmer, Conley & Kasselman, P.A. provide experienced legal representation for individuals who are facing criminal charges involving child pornography in Monmouth County, New Jersey. These charges carry serious penalties—including the potential for substantial fines, prison time, mandatory sex offender registration under Megan’s Law and parole supervision for life (PSL). If you have been arrested, a Freehold child pornography defense lawyer at our firm can help, but it is important that you contact us as soon as possible.
Criminal Charges Involving Child Pornography
New Jersey law makes it illegal to possess, produce, or distribute child pornography. In all cases, these are classified as “indictable crimes,” which are comparable to felonies in other states. In some cases, child pornography charges can be prosecuted as first-degree indictable crimes. These are the most serious crimes under New Jersey law.
Child pornography offenses appear in New Jersey’s child endangerment law, N.J.S.A. Section 2C:24-4. However, rather than using the term “pornography,” the law prohibits the possession, production, or distribution of any “[i]tem depicting the sexual exploitation or abuse of a child,” or “child sexual abuse or exploitation material.” This includes any file that either:
- “[D]epicts a child engaging in a prohibited sexual act or in the simulation of such an act;” or,
- “[P]ortrays a child in a sexually suggestive manner.”
Under the statute, “prohibited sexual act[s]” include nudity (“if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction”) and all forms of sexual engagement. To “portray[] a child in a sexually suggestive manner” can mean any of the following:
- “[T]o depict a child's less than completely and opaquely covered intimate parts . . . in a manner that . . . emits sensuality with sufficient impact to concentrate prurient interest on the child;”
- “[T]o depict any form of contact with a child's intimate parts . . . in a manner that . . . emits sensuality with sufficient impact to concentrate prurient interest on the child;” or,
- “[T]o otherwise depict a child for the purpose of sexual stimulation or gratification of any person who may view the depiction where the depiction does not have serious literary, artistic, political, or scientific value.”
In effect, this covers all forms of child pornography in all media. In child pornography cases under New Jersey law, the specific charges (and penalties) that are on the table depend on two key factors: (i) the number of images or depictions involved; and (ii) whether you are being accused of possession, production, or distribution of child pornography.
Possession of Child Pornography
You can face criminal charges for possession of child pornography in Freehold if you are accused of knowingly possessing, viewing, or having under your control “through any means” any child sexual abuse or exploitation material. The potential charges (and penalties) are as follows:
- Possession of Fewer Than 1,000 Items – If you are convicted of possessing fewer than 1,000 items depicting sexual exploitation or sexual abuse of a child, you can be charged with a third-degree indictable crime. Third-degree indictable crimes carry three to five years of prison time and up to a $15,000 fine.
- Possession of 1,000 to 100,000 Items – If you are convicted of possessing between 1,000 and 100,000 items depicting sexual exploitation or sexual abuse of a child, you can be charged with a second-degree indictable crime. Second-degree indictable crimes carry five to 10 years of prison time and up to a $150,000 fine.
- Possession of More Than 100,000 Items – If you are convicted of possessing more than 100,000 items depicting sexual exploitation or sexual abuse of a child, you can be charged with a first-degree indictable crime. First-degree indictable crimes typically carry 10 to 20 years of prison time and up to a $200,000 fine.
As noted above, similar to convictions for other sex crimes, child pornography convictions can also carry mandatory sex offender registration under Megan’s Law and parole supervision for life (PSL). These are serious penalties that can negatively impact the rest of your life.
Production of Child Pornography
Participating in the production of child pornography is either a first-degree indictable offense or a second-degree indictable offense under New Jersey law. Individuals who are accused of causing children to engage in acts to be photographed, filmed, or streamed can face first-degree charges, while individuals who photograph, film, or stream children engaged in prohibited sexual acts or in a sexually suggestive manner can be charged with a second-degree indictable crime. The penalties discussed above (including sex offender registration and PSL) apply here as well.
Distribution of Child Pornography
Distributing child pornography, possessing child pornography with the intent to distribute, and placing child pornography on a file-sharing network are all generally subject to the same charges (and penalties) under New Jersey law. Distribution of child pornography is either a first-degree indictable offense or a second-degree indictable offense, depending on the circumstances involved—including the number of depictions of sexual exploitation or sexual abuse of a child. Here, too, the same penalties discussed above (including sex offender registration and PSL) apply.
Defending Against Child Pornography Charges in Monmouth County
Due to the seriousness of facing child pornography charges in Monmouth County, if you have been arrested, you need to be prepared to defend yourself by all means available. This starts with putting an experienced Freehold child pornography defense lawyer on your side. There are several potential defenses to child pornography charges, including (but not limited to):
- Lack of knowledge or intent
- Unconstitutional search or seizure
- Entrapment
- Your computer or phone was hacked
- Insufficient evidence of guilt
When you hire an experienced Freehold child pornography defense lawyer at our firm to represent you, your lawyer will examine all potential defenses and help you make informed decisions about your next steps. Then, once you decide how you want to proceed, your lawyer will do everything possible to help you avoid unnecessary consequences.
Schedule a Confidential Consultation with a Freehold Child Pornography Defense Lawyer Today
To schedule a confidential consultation with a Freehold child pornography defense lawyer at Helmer, Conley & Kasselman, P.A., call 877-435-6371 or contact us online. We will arrange for you to speak with one of our lawyers in strict confidence as soon as possible.
