Haddon Heights Child Pornography Defense
Haddon Heights Child Pornography Defense Lawyer Serving Camden County
All child pornography offenses carry serious penalties under New Jersey law. If you are facing criminal charges for possessing, producing, or distributing child pornography in Camden County, a conviction could result in substantial fines and years (or possibly even decades) of imprisonment. Individuals convicted of certain child pornography-related offenses may also be subject to sex offender registration under Megan’s Law, and they can also face parole supervision for life (PSL). As a result, regardless of the specific charges you are facing, you need an experienced Haddon Heights child pornography defense lawyer on your side.
Our firm provides experienced legal representation for individuals facing child pornography charges in Camden County. With multiple offices in Haddon Heights (and more than a dozen offices statewide), we can meet with you in person and get to work on your case immediately. When you are facing child pornography charges, time is of the essence—so we strongly encourage you to contact us right away.
New Jersey’s Child Pornography Statute is Extremely Broad
New Jersey’s child pornography statute (N.J.S.A. Section 2C:24-4) is extremely broad. Not only does it define child pornography broadly, but it also allows for criminal prosecution in cases involving essentially all activities related to the possession, production, and distribution of pornographic material depicting minors under 18 years of age.
Under New Jersey law, child pornography is any material or file (hardcopy or electronic) that depicts “the sexual exploitation or abuse of a child,” which can involve either:
- A Child Engaged in a Prohibited Sexual Act (or Simulation) – A material or file constitutes child pornography in New Jersey if it, “depicts a child engaging in a prohibited sexual act or in the simulation of such an act.” This includes nudity (for the purpose of sexual stimulation or gratification), sexual intercourse, and all other forms of sexual conduct or contact.
- A Child Portrayed in a Sexually Suggestive Manner – A material or file can also constitute child pornography if it depicts either “a child’s less than completely and opaquely covered intimate parts,” or “any form of contact with a child’s intimate parts.” In cases of sexually suggestive portrayal, the material or file must “emit[] sensuality with sufficient impact to concentrate prurient interest on the child.”
Regardless of the nature of the sexually explicit or sexually suggestive material involved, essentially all activities involving child pornography can trigger criminal charges in Camden County. With that said, there are several potential defenses to child pornography charges—including lack of knowledge or intent in many cases. An experienced criminal defense lawyer will be able to determine what defenses you have available, and then your lawyer will be able to assert these defenses on your behalf in court.
At Helmer, Conley & Kasselman, P.A., we defend individuals who are facing all types of child pornography-related criminal charges in Camden County, including (but not limited to):
- Viewing child pornography
- Possessing child pornography (or having child pornography “under one’s control”)
- Possession of child pornography with the intent to distribute
- Causing a child to participate in prohibited sexual acts or expose his or her intimate parts for purposes of photographing, filming, or streaming
- Photographing or filming a child engaged in a prohibited sexual act or exposing his or her intimate parts
- Distributing child pornography in hardcopy, via direct file sharing, or via the Internet
- Placing child pornography on a file-sharing site or network
Depending on the specific allegations involved, child pornography charges can range from third-degree indictable offenses to first-degree indictable offenses under New Jersey law. Some of the key factors that prosecutors consider when determining what “degree” of charge to pursue include:
- The nature of the defendant’s alleged criminal activity (i.e., whether the defendant allegedly viewed, produced, or shared child pornographic material);
- The number of illegal depictions involved (i.e., knowingly possessing less than 1,000 illegal depictions is generally a third degree indictable offense, while possessing 1,000 or more illegal depictions can be prosecuted as either a second degree or first degree indictable offense); and,
- The defendant’s prior history of child pornography convictions, if any.
Under New Jersey’s child pornography law, a person who is depicted as being under the age of 18 is presumed to be a child, and it is not a defense if a defendant “believed that [a] child was 18 years of age or older, even if such a mistaken belief was reasonable.” These provisions of the law add to the challenges of successfully defending against child pornography charges in many cases—and this is one reason, among many, why it is important to have an experienced Haddon Heights child pornography defense lawyer on your side.
Potential Penalties in New Jersey Child Pornography Cases
If you are facing child pornography charges in Camden County, the specific penalties you are facing depend on the specific allegations against you. Generally speaking, however, the penalties that are at stake in New Jersey child pornography cases include:
Substantial Fines
Child pornography offenses range from third-degree indictable crimes to first-degree indictable crimes under New Jersey law. This means that they can carry fines ranging from $15,000 to $200,000.
Prison Time
Since child pornography offenses range from third-degree indictable crimes to first-degree indictable crimes, potential prison sentences range from three to five years (for a third-degree offense) to 10 to 20 years (for a first-degree offense).
Sex Offender Registration Under Megan’s Law
Individuals who are convicted of child pornography offenses in New Jersey may also be required to register as sex offenders under Megan’s Law. This can have lifelong personal, family, and professional consequences.
Parole Supervision for Life (PSL)
Individuals who are convicted of child pornography offenses in New Jersey may also be subject to parole supervision for life (PSL). This, too, can have lifelong consequences.
Discuss Your Case with a Haddon Heights Child Pornography Defense Lawyer in Confidence
Have you been arrested for possessing, producing, or distributing child pornography in Camden County? If so, we encourage you to contact us promptly. Call 877-435-6371 or contact us online to speak with an experienced Haddon Heights child pornography defense lawyer in confidence as soon as possible.
