The Former Prosecutors & Certified Criminal Trial Attorneys In Our Camden Office Are Ready To Help You
It is a second-degree crime to distribute child pornography anywhere in Camden County. If you were charged with this offense, you definitely need to consult with a skilled criminal defense attorney immediately as you face serious penalties that include 5-10 years in prison if convicted. The lawyers at The Law Offices of Jonathan F. Marshall have over a century of experience between them, including years serving as prosecutors, to put into action on your behalf. We have successfully represented many clients accused of distributing child pornography in the state. An attorney on our staff is ready to undertake any and all action necessary to help you escape a conviction for distribution of child pornography in Gloucester City, Pennsauken, Voorhees, Cherry Hill or another municipality in the region. To speak to a lawyer on our staff anytime 24/7, contact our Cherry Hill Office at 856-662-8300.
Distribution of Child Pornography Offense in Camden County
The offense of distribution of child pornography is contained at N.J.S.A. 2C:24-4b(5)(a). This law makes it a second-degree crime for anyone to sell, manufacture, transfer, lend, give, provide mail, deliver, distribute or circulate a photograph, film, video or computer file containing child pornography. “Child pornography” is an image depicting a child engaging in a sexual act or simulation.
- Presumption. There is a presumption in favor of the state that the “child” is under sixteen years of age if the child depicted presents the appearance of being under sixteen years of age. This is an important dynamic of the law since a defendant is strictly liable for this violation if the actor depicted is under the age of sixteen. It is not a defense that the accused believed that the child was sixteen years of age or older, even if such a belief is reasonable.
- State of Mind of Accused. The state must establish the person accused knew that the photographs, films or other reproductions depicted a child engaging in sexual conduct and knowingly possessed the child pornography for the purpose of distributing or other prohibited transfer.
- Elements of Offense. The state must first prove that the defendant distributed, transferred, sold or shared a photograph, film, video, reproduction of a file. Second, the image must depict a child. Third, the child must be engaged in a sexual act or the simulation of the sexual act. Fourth, the defendant must know that the video, file or other forms of the image depicts a child engaged in the sexual act or the simulated sexual act.
- File Sharing Networks. Pornography distribution cases often arise in the context of peer-to-peer (P2P) file-sharing networks like Limewire, Gnutella, BitTorrent, Shareaza, Kazaa, Frostwire, and uTorrent. The state is not required to prove that depiction was actually viewed by a recipient when an individual uses such a vehicle to “distribute” child pornography. It is no defense under 2C:24-4b(5)(a) that the accused lacked intent to distribute a film to another user of the peer-to-peer network.
- Penalties. Distributing child pornography is, as previously stated, a second-degree crime. An individual convicted of this offense is exposed to five to ten years in state prison and a fine of up to $150,000. Where the distribution involves 25 or more depictions of child pornography, the accused is subject to mandatory minimum term imprisonment during which he or she is ineligible for parole. This period must be set by the sentencing judge at between one-third and one-half of the sentenced imposed but in no case less than five years.
Camden NJ Distribution of Child Pornography Lawyer
Since the distribution of child pornography is an indictable criminal offense that can only be dealt with at the Camden County Superior Court, this is where your charge must be heard. Irrespective of whether you were arrested in Magnolia, Collingswood, Lindenwold, Gloucester Township or Camden, your case will be heard at the county courthouse. Our attorneys are highly knowledgeable in defending cases in this venue, including those involving child pornography. A lawyer is available immediately at 856-662-8300 to discuss your child pornography distribution offense. The consultation is without obligation so do not hesitate to give us a call.
