Trenton Child Pornography Defense
Trenton Child Pornography Defense Lawyer Serving Mercer County
If you are facing child pornography charges in Mercer County, you need experienced legal representation. All child pornography offenses carry life-altering penalties under New Jersey law. Regardless of the facts of your case, there are several ways an experienced Trenton child pornography defense lawyer can help you, and it is strongly in your best interests to speak with a lawyer about your criminal charges as soon as possible.
At Helmer, Conley & Kasselman, P.A., we defend individuals who are facing child pornography charges in Mercer County and throughout New Jersey. If you are facing charges, a criminal defense lawyer at our firm can help protect you by all means available. From disputing the prosecution’s evidence of knowledge to fighting to keep the prosecution’s evidence out of court, there are a variety of potential ways to defend against child pornography charges under New Jersey law. The key is to choose the right defenses under the circumstances of your case.
Child Pornography Charges in New Jersey
Under New Jersey law (N.J.S.A. Section 2C:24-4), child pornography charges fall into three broad categories: possession, production, and distribution. However, within each of these categories, prosecutors can pursue a wide range of allegations—and different allegations can have different consequences.
Possession of Child Pornography (Including Viewing Child Pornography)
Prosecutors can pursue child pornography possession charges in cases involving allegations that a person, “knowingly possesse[d], knowingly view[ed], or knowingly ha[d] under the person's control, through any means, including the Internet,” items depicting the sexual exploitation or abuse of a child. Possession of child pornography is either a third-degree, second-degree or first-degree indictable offense depending on the circumstances involved:
- Third-Degree Possession of Child Pornography – Possession of child pornography is a third-degree indictable offense in cases involving fewer than 1,000 items depicting the sexual exploitation or abuse of a child.
- Second-Degree Possession of Child Pornography – Possession of child pornography is a second-degree indictable offense in cases involving 1,000 to 100,000 items depicting the sexual exploitation or abuse of a child.
- First-Degree Possession of Child Pornography – Possession of child pornography is a first-degree indictable offense in cases involving 100,000 or more items depicting the sexual exploitation or abuse of a child.
An item (i.e., a photo or video) depicts the sexual exploitation or abuse of a child if it either: (i) “depicts a child engaging in a prohibited sexual act or in the simulation of such an act;” or (ii) “portrays a child in a sexually suggestive manner.” New Jersey law defines the key terms here as follows:
- Prohibited Sexual Act (or Simulation) – Prohibited sexual acts include sexual intercourse, anal intercourse, oral sex, masturbation, and all other forms of sexual contact and conduct. They also include nudity when the depiction is “for the purpose of sexual stimulation or gratification” of the viewer.
- Sexually Suggestive Manner – An image or video depicts a child in a sexually suggestive manner if it either, “depict[s] a child's less than completely and opaquely covered intimate parts,” or, “depict[s] any form of contact with a child's intimate parts,” and, “emits sensuality with sufficient impact to concentrate prurient interest on the child.” An image or video can also be sexually suggestive if it “otherwise depict[s] a child for the purpose of sexual stimulation or gratification of any person.”
For purposes of determining what constitutes child pornography, New Jersey law defines a child as a person under the age of 18. The law also states that a person is presumed to be a child if that person, “presents the appearance of being under the age of 18 in any photogram[ or] film,” and that mistakenly believing a person depicted in a photograph or film is over the age of 18 is not a defense to criminal charges for possessing child pornography.
Production of Child Pornography (Including Taking Photos, Videos, and Streaming)
Producing child pornography is either a second-degree or first-degree indictable offense under New Jersey law. Here, whether prosecutors can pursue second-degree or first-degree charges depends on a defendant’s role in the production:
- Second-Degree Production of Child Pornography – Prosecutors can pursue second-degree charges against any person who is accused of “photograph[ing] or film[ing] a child in a prohibited sexual act or in the simulation of such an act or for portrayal in a sexually suggestive manner . . . .”
- First-Degree Production of Child Pornography – Prosecutors can pursue first-degree charges against any person who is accused of, “caus[ing] or permit[ing] a child to engage in a prohibited sexual act or in the simulation of such an act or to be portrayed in a sexually suggestive manner if the person knows, has reason to know, or intends that the prohibited act or portrayal may be photographed[ or] filmed . . . .”
New Jersey’s definition of a child as anyone under the age of 18 applies here as well, and the alleged perpetrator’s age is not a factor in determining his or her criminal culpability.
Crucially, New Jersey’s definition of producing child pornography also includes “reproducing” an image of a child engaged in a prohibited sexual act (or simulation) or that depicts a child in a sexually suggestive manner. Under this provision of the law, even copying a single image or video produced by someone else can be enough to trigger a second-degree charge.
Distribution of Child Pornography (Including Possession with Intent to Distribute)
Distributing child pornography is a second-degree indictable offense in cases involving less than 1,000 items depicting sexual exploitation or abuse of a child, and it is a first-degree indictable offense in cases involving 1,000 items (i.e., images or videos) or more. All three of the following offenses are generally subject to the same penalties:
- Distributing Child Pornography – Anyone who “knowingly distributes an item depicting the sexual exploitation or abuse of a child” can be convicted of distributing child pornography under New Jersey law.
- Placing Child Pornography on a File-Sharing Network – New Jersey’s child pornography distribution law also allows for prosecution of anyone who “knowingly stores or maintains an item depicting the sexual exploitation or abuse of a child using a file-sharing program . . . .”
- Possessing Child Pornography with Intent to Distribute – Under New Jersey law, “knowingly possess[ing] an item depicting the sexual exploitation or abuse of a child with the intent to distribute that item,” is subject to the same penalties as distributing child pornography.
In many cases, prosecutors will attempt to infer intent to distribute from the number of images or videos in a defendant’s possession at the time of arrest. However, the volume of images or videos alone is not necessarily evidence of intent to distribute. If necessary, this is one of several defenses a Trenton child pornography defense lawyer at our firm can assert on your behalf.
Penalties for Child Pornography Offenses in New Jersey
In all cases, child pornography charges carry steep penalties. If you are convicted of one or more child pornography-related offenses in a New Jersey court, you could face penalties including:
Criminal Fines
The criminal fines for child pornography charges vary depending on the degree of the offense charged. Generally, third-degree charges carry up to a $15,000 fine, second-degree charges carry up to a $150,000 fine, and first-degree charges carry up to a $200,000 fine. Criminal convictions can lead to various other significant financial costs as well.
Prison Time
The potential prison sentences for child pornography charges also vary depending on the degree of the offense charged. Third-degree charges carry three to five years of prison time, second-degree charges carry five to 10 years of prison time, and first-degree charges can carry 10 to 20 years behind bars. Child pornography charges also carry mandatory minimum prison sentences in some cases.
Sex Offender Registration
A child pornography conviction can also trigger mandatory sex offender registration under Megan’s Law. New Jersey’s Sex Offender Registry is publicly available online, and having your name on the Sex Offender Registry can negatively impact all aspects of your life.
Parole Supervision for Life (PSL)
A child pornography conviction in New Jersey can also result in being sentenced to parole supervision for life (PSL). If you are placed on PSL, you will have to report to a parole officer indefinitely. You will also have to get your parole officer’s approval to move or change jobs, and you will be subject to various other restrictions and requirements for the rest of your life.
Request a Confidential Consultation with an Experienced Criminal Defense Lawyer at Helmer, Conley & Kasselman, P.A.
Are you facing child pornography charges in Mercer County, New Jersey? If so, we can help, but it is important that you contact us about your case as soon as possible. To request a confidential consultation with an experienced Trenton child pornography defense lawyer at Helmer, Conley & Kasselman, P.A., call us at 877-435-6371 or tell us how we can contact you online now.
