In a survey of New Jersey high school students, 10.6% of students said they had texted, e-mailed, or posted a revealing photo of themselves during the 30 days before the survey. Further, 24% of students said they had received this type of photograph.
The act of sending sexually explicit photographs or messages by cell phone, computer, or other electronic means is known as sexting. Many teens do not realize that, by law, a sexual image of any person under the age of 18 is considered child pornography. Distribution of child pornography is a serious crime in New Jersey. Depending on the circumstances, sexting can also be a crime under federal law. Either is punishable by time in prison.
Fortunately for many teens, New Jersey’s legislature has established a diversionary program for juveniles who are criminally charged with teen sexting or sending nude photos or sexually explicit images. Those referred to the program can participate in remedial education or counseling as an alternative to criminal prosecution.
Beyond the legal consequences of this behavior, a sexting conviction has significant non-legal consequences, including the loss of educational and employment opportunities, being barred or removed from school programs and extracurricular activities, and a negative impact on personal relationships.
New Jersey Laws on Explicit Images
The legal consequences of a conviction of sexting in NJ can be harsh. Multiple criminal laws in New Jersey may be applied to an incident of sexting or sending explicit photos. Some to keep in mind are:
- Endangering the Welfare of Children. This is New Jersey’s child pornography law. Child pornography is any item that depicts a child engaging in a prohibited sexual act or in the simulation of such an act or that portrays a child in a sexually suggestive manner. Under N.J.S.A. 2C:24-4b(5)(a), it is a second-degree crime for someone to knowingly possess, distribute, or maintain a sexually explicit image or sexual images considered child pornography. A conviction can result in a prison sentence of five to 10 years and a fine of up to $150,000. Possessing or viewing child pornography may be charged as a third-degree offense, which is punishable by 3 to 5 years in prison and a fine of up to $15,000.
- Cyber-harassment. NJ Rev Stat § 2C:33-4.1 (2023). It is a crime of the fourth degree to send or post online, via any electronic device or through a social network, any lewd, indecent, or obscene material about a person with the intent to harm them or place them in fear of physical or emotional harm. If the person is 21 years old or older and impersonates a minor for the purpose of cyber-harassing a minor, it is a crime of the third degree. A fourth-degree offense is punishable by 18 months in prison and a fine of up to $10,000. A third-degree offense is punishable by 3 to 5 years in prison and a fine of up to $15,000.
- Invasion of Privacy (NJ Rev Stat § 2C:14-9 (2023). Photographing or reproducing in any manner the image of a person whose private parts are exposed or who is engaged in a sex act without their consent and under circumstances in which a reasonable person would not expect to be observed is a crime of the third degree. It is a crime of the fourth degree to do so to a person who is in their underwear. A third-degree offense is punishable by 3 to 5 years in prison and a fine of up to $15,000. A fourth-degree offense is punishable by 18 months in prison and a fine of up to $10,000.
- “Revenge Porn” (NJ Rev Stat § 2C:14-9 (2023). To disclose a sexual image as described in the Invasion of Privacy statute — to “mail, deliver, transfer, publish, distribute, circulate, … or make available via the Internet or by any other means” — makes the crime “revenge porn.” Under New Jersey law, a conviction is punishable by a fine of up to $30,000 in addition to penalties for a third- or fourth-degree offense.
- Sexual Exploitation and Other Abuse of Children (18 U.S. Code, Chapter 110). It is a federal offense to produce, distribute, receive, or possess an image of child pornography or to persuade, entice, or coerce a child into posing for child pornography. Federal child pornography law defines child pornography as any visual depiction of sexually explicit conduct involving someone under 18 years of age). This includes sexual photos, videos, digital images, or computer-generated images and images created, adapted, or modified that appear to depict an identifiable, actual minor. “Sexually explicit conduct” does not require that an image depict a minor engaging in sexual activity. Nude images of a child may constitute illegal child pornography if it is sufficiently sexually suggestive. A first-time offender convicted of producing child pornography faces fines and 15 to 30 years in prison.
An offender can be prosecuted under state child pornography laws in addition to, or instead of, federal law. It is unlikely that a juvenile would be charged with a federal offense for sexting, but it could happen if the alleged victim lived in another state or country or if the case involved numerous images of child pornography.
Consequences for Minors Engaged in ‘Sexting’
New Jersey has established a pre-trial intervention program that a juvenile defendant with an otherwise clean record may enter in lieu of criminal prosecution for child pornography as a result of sexting. Those who are approved and admitted into the program must complete a specified period of probation, and their charges will be dismissed upon successful completion.
When a juvenile is charged with a crime in New Jersey, the case is typically reviewed by Juvenile Conference Committees (JCCs) and Intake Service Conferences (ISCs). They make recommendations to a Family Court judge. If a juvenile’s charges do not go through the JCC or ISC process, a knowledgeable pre-trial intervention attorney experienced with PTI programs may be able to persuade the judge that probation that includes entry into a suitable program is in the best interest of a youth with a previously clean record.
Court intake services and the judge are to consider the following factors when determining whether to recommend or approve entry into a diversion program:
- The seriousness of the alleged offense or conduct and the circumstances in which it occurred
- The age and maturity of the juvenile
- The danger risk that the juvenile presents to others
- The family circumstances, including any history of drugs, alcohol abuse, or child abuse on the part of the juvenile, the parents or guardian
- The nature and number of contacts with court intake services and the court that the juvenile or his family have had
- The services to which the juvenile or the child’s family has been referred and the results of those referrals
- The availability of appropriate services outside referral to the court
- Any recommendations expressed by the victim or arresting officer as to how the case should be resolved
- Any recommendation expressed by the county prosecutor
- The amenability of the juvenile to take part in a remedial education or counselling program
- Any other information relevant to the offense.
If a juvenile is adjudicated delinquent for committing a sexting-related crime or an adult is convicted, in addition to the statutory punishment prescribed for the offense, they will be required to register as a sex offender. The identities of sex offenders are available to the public through an online database that is regularly checked by potential employers, college admissions offices, loan officers, and public housing administrators.
When registered as a sex offender, the individual must report to the local police department once a year and verify their address or report a change of address within 10 days of moving. Inclusion on the sex offender registry in New Jersey is typically for life, though removal is possible after 15 years with no additional legal violations.
A child who is facing charges for sexting or other child pornography or cyber-harassment offenses needs the legal guidance and protection of an experienced New Jersey juvenile defense attorney as soon as possible.
Defending Against Sexting Charges
The knowledgeable attorneys at the Law Offices of Jonathan F. Marshall defend the rights of clients charged with sexting across the state of New Jersey. The sooner we can get involved in your case or your child’s case, the more time we have to gather evidence and develop a strong defense to rebut the charges against you.
We will investigate the charges against you, including examining the prosecution’s evidence used to indict you. If we cannot have the charges reduced or dismissed or negotiate your entry into a pre-trial educational program, we will prepare to defend you in court.
Potential defenses against sexting charges include:
- Photos do not meet the legal definition of sexually explicit or child pornography
- The person depicted was not a minor
- The person depicted consented to images and their distribution
- Defendant’s lack of access to computer or other distribution devices
- Defendant’s device was used by a third party to send or receive sexual photos
There are many reasons why sexting charges can be dismissed or reduced before a case goes to court. But to make a deal happen, you must have a seasoned N.J. defense attorney on your side who understands what New Jersey sex crime laws allow and who has established relationships with local prosecutors that ensure your side of the story receives fair consideration.
Why Choose The Law Offices of Jonathan F. Marshall for Criminal Defense?
The attorneys of the Law Offices of Jonathan F. Marshall have extensive experience handling juvenile offenses and sex crimes, including representing teens and pre-teens accused of violating New Jersey sexting laws. Our team is made up of former New Jersey prosecutors and public defenders with years of experience in courtrooms across New Jersey.
You need a reputable criminal defense lawyer in NJ for sexting defense if you have been charged with teen sexting or sending sexually explicit photos. Our legal team comprises 15 lawyers who specialize exclusively in criminal defense and who offer over 200 years of combined experience. We have a long history of favorable outcomes on behalf of children faced with juvenile charges across New Jersey.
An experienced criminal defense attorney from our law firm can begin immediately to defend you against sexting-related charges. With nine law offices across the state, we are in the position to obtain our client’s release from custody or meet with you anywhere that is convenient for a confidential consultation.
Contact us online now or by phone at 855-927-0372 for a free and confidential consultation.
