Our Former County Prosecutors & Talented Criminal Attorneys Are Ready To Defend Your Charge for Providing Obscenity to a Minor
It is only logical that lawmakers would an interest in deterring exposure of obscene materials to minors. The result was the adoption of N.J.S.A. 2C:2C:34-3 in New Jersey. This law makes it a third degree crime punishable by years in prison to sell, distribute or exhibit obscene materials to someone under 18 years of age. The statute also applies if someone knowingly admits a juvenile to an establishment where obscene films, enactments or portrayals shall occur.
If you have been charged with exposing a minor to obscene material through snapchat, kick, skype, a text or any other manner, it would be in your best interest to consult a highly knowledgeable NJ criminal lawyer as soon as possible. The attorneys at the Law Offices of Jonathan F. Marshall are certainly well equipped to represent you in this capacity with exceptional credentials that include:
- Over 200 years of combined experience handling cases involving allegations of obscenity and sexual misconduct toward minors/juveniles
- Former county prosecutors who have served as Director of Major Crimes, the Juvenile Unit, Special Operations, Drugs Task Force and an entire Trial Division
- Certified criminal trial attorneys
- Offices conveniently located throughout New Jersey in Trenton, Jersey City, Mount Holly, Somerville, Freehold, New Brunswick, Toms River, Mays Landing, Woodbury, Camden, Flemington & Morristown
An attorney at the firm is available 24/7 to conduct an initial free consultation by calling 855-450-8310. Please do not hesitate to contact us for the sound legal guidance you need without obligation.
Selling, Distributing or Exhibiting Obscene Material to a Minor In New Jersey
The operative law in this realm is N.J.S.A. 2C:34-3 and it is directed at: (1) those who expose a child (i.e. someone under 18 years old) to obscene material; and (2) establishment owners who allow minors to enter establishments where obscene films, enactments or the like will take place.
Conduct Must Be Knowing. The conduct of the accused must be knowing under either pedigree of 2C:34-3 violation. What this means is that they must be aware that the material is obscene and that they are exposing or allowing someone under 18 years old to see it.
The Material Must Be Obscene. Obscene material means any description, narrative account, display or depiction of a specified anatomical area or specified sexual activity which emits sensuality with sufficient impact to concentrate prurient interest on the area or activity. “Specified sexual activity” means human genitals in a state of sexual stimulation or arousal. It also means the act of human masturbation, sexual intercourse or deviate sexual intercourse or the fondling or other erotic touching of covered or uncovered genitals, pubic region, buttock or female breast.
Presumption That Applies Under N.J.S.A. 2C:34-3. There are two presumptions created under the statute. First, it is presumed that the defendant knew the “victim” was under 18 if the individuals was, in fact, under that age. Second, it is presumed that the defendant knew the materials were obscene if the state can prove that they were, in fact, obscene in nature.
Affirmative Defenses That Apply. If the accused can show that the minor utilized written documentation such as a driver’s license, passport or other ID to misrepresent his or her age and it was reasonable under the circumstances to believe the minor was 18 or older, the defendant cannot be convicted of violating this law.
Disparity of Age Requirement. When the charge involves knowingly displaying obscenity to a minor, the accused must be at least 4 years older then the “victim”.
Penalties for Violating 2C:33-4. As previously stated, a violation of this law results in a third degree crime. This is an indictable offense that can only be dealt with at a county superior court. It also happens to be considered a felony. The penalties that may be imposed at the time of sentencing include up to 5 years in prison and a fine of as much s $15,000. It should also be noted that these penalties apply independently and separate from any companion offense filed against you for lewdness or, worse yet, endangering the welfare of a child.
New Jersey Criminal Attorney for Obscenity Charges Involving a Minor
The advent of chat rooms online and social media have made it much more common for communications to occur between minors and adults. When the nature of these communications via text, face time, grinder, tinder or other means include graphic displays of obscene material, the potential for a serious criminal offense under 2C:33-4 has been created. If you were arrested or had the misfortune of being accused of violating this law, you need to enlist a skilled defense lawyer as soon as possible. You are exposed to not only a felony but also years in prison and talented attorneys like those at the Law Offices of Jonathan F. Marshall can ensure you have every opportunity to escape the pitfalls of a conviction. To lean more as to how our lawyers can help you, call 8770450-8301 for a free consultation.
