Contact Our Somerville Criminal Firm To Speak To One Of Our Former County Prosecutors Who Are Certified Trial Attorneys
Possession of child pornography or, worse yet, distribution of child pornography, are serious criminal charges. The law imposes severe consequences for those found guilty of these activities. If you are facing a child pornography offense anywhere in Somerset County or Hunterdon County, the attorneys at The Law Offices of Jonathan F. Marshall are skilled in this area of law. Our eight (8) lawyer defense team is one of the largest in the state, includes several former prosecutors, and serves all of the area including those arrested in North Plainfield, Somerville, Montgomery, Readington and Flemington. Call our Bridgewater Office at 908-722-1011 for a free consultation anytime of day or night. The following is summary of the important aspects of a New Jersey child pornography offense.
Possession of Child Pornography
N.J.S.A. 2C:24-4b(5)(b) makes it a third degree crime to knowingly possess or view a photograph, video, computer program, file or other production that depicts a child (i.e. someone under 18 years old) engaging in a prohibited sexual act or simulation. Prohibited sexual act is defined to include intercourse, masturbation, fellatio, sexual penetration or contact, cunnilingus or even nudity when it is for the purpose of sexual stimulation or gratification. It should also be noted that it is no defense to this charge that the accused reasonably believe that the child was sixteen (16) years of age or older. There are various methods that law enforcement agencies employ to detect individuals possessing or viewing child pornography including undercover file sharing. In addition, Google, Yahoo and other search engines have devised automated systems to identify child pornography transmitted over servers. When files containing this variety of digital data is uncovered, the provider advises the police. The penalties for possession of child pornography are significant. If you are arrested and convicted of this charge, you may be sentenced to five (5) years in prison and fined $15,000. In addition, an individual possessing 100 or more depictions of children being sexual exploited, must be sentenced to a period of incarceration absent the court finding that a serious injustice would result. An extended term of imprisonment is triggered for a second or subsequent conviction for possession of kiddy porn, endangering the welfare of a child or a substantial equivalent offense.
Selling, Distributing or Creating Child Pornography
The largest block of child porn distribution cases are discovered through peer-to-peer networks as they represent that largest source of this prohibited conduct. Whether it is the result of “file sharing”, email, bulletin board, chat room or otherwise, distributing materials containing child pornography fall under this law. It is illegal to sell, give, provide, lend, trade, mail, deliver, publish, circulate, exhibit, display, share, advertise, create, promote, offer, or make available on the internet or other means. In order to convict you under N.J.S.A. 2C:24-4b(5)(a) for distributing, possession with intent to distribute, or file sharing of child pornography, the prosecutor must prove, beyond reasonable doubt, that the defendant: (1) distributed, sold, made available on a file sharing network or possessed a depiction with the intention of distributing it; and (2) the depiction, film, photograph, video, file or reproduction included a child engaging in a prohibited sexual act or simulation. It is presumed under the law that the individual depicted is under sixteen (16) if they present the appearance of being under sixteen (16) years of age. Even a reasonable mistake as to the age of the actor is therefore no defense to a charge filed in accordance with N.J.S.A. 2C:24-4b(5)(a). In addition, the prosecutor has no obligation to prove that a file was actually downloaded or shared from the defendant so long as it was made available on a peer to peer or file share network. A violation of this statute is a second degree crime that results in a fine of up to $150,000 and five (5) to ten (10) years in prison.
Person Who Causes or Permits Child to Engage in Conduct. The most serious of child pornography charges concerns individuals who cause or permit a child to engage in acts to create sexually prohibited photographs, films, videos, images or other productions. This is a first degree offense under N.J.S.A. 2C:24-4b(3). An individual charged and convicted of this offense may be incarcerated for twenty (20) years and faces a fine of up to $200,000. In order to convict an individual of this violation they must know, have reason to know or intend that the sexual act be photographed, filmed or reproduced so it could be utilized for display in the future
Photographer or Video Operator. N.J.S.A. 2C:24-4b(4) makes it a second degree crime to photograph, film or create a piece of child pornography. Unlike many other species of child pornography, the state is obligated to prove, beyond reasonable doubt, that the child was in fact under eighteen (18) years of age in order to sustain a conviction for this variety of kiddy porn.
Somerville NJ Child Pornography Defense Attorney
Child pornography crosses all economic boundaries and occurs in towns like Raritan Township, Bridgewater, Mansville, Hillsborough, and Franklin, just like it can in any other in the state. This does not mean, however, that prosecutors in suburban counties like Somerset and Hunterdon treat charges of this nature like their urban counterparts. You need a defense attorney at your side that is going to make certain that you receive the benefit of every consideration allowable under the law. This is where the lawyers at The Law Offices of Jonathan F. Marshall can help you. We are seasoned former prosecutors and skilled criminal attorneys with a tract record of success spanning several decades. To discuss exactly what we can do you assist you, call our office in Bridgewater at 908-722-1011 for a free consultation.
