Atlantic City Child Pornography Defense Lawyer
Diligent and Resourceful Attorney Represents Clients Facing Child Pornography Charges in Atlantic City, New Jersey
In New Jersey, there are stringent laws in place for those convicted of child pornography offenses. If you have been accused of a crime involving child pornography, you are facing serious charges that already probably feel very daunting. As these circumstances are of utmost concern, it is important to retain a lawyer who understands this precarious situation and who has the knowledge and expertise to help navigate the legal system for you during this time. Atlantic City Child Pornography Defense Lawyer, Michele Finizio, will provide you with a strong and tactful legal representation regardless of the charges against you. At our New Jersey law offices, we treat every client with the unique legal and personal care they deserve. Our legal time will fight for your rights and provide a strong defense strategy in your favor.
Conviction for child pornography under New Jersey law carries penalties that are as serious as the crime itself. We know you might be reluctant to reach out for help if you are charged with child pornography in Camden, New Jersey, but time is of the essence in these complex cases. Rest assured that your consultation with our lawyer is kept completely confidential. Speaking with an experienced lawyer is instrumental in getting your life back on track. Contact The Law Offices of Michele Finizio for a free and confidential discussion.
Penalties for Child Pornography in New Jersey
No matter the degree, child pornography charges must be treated with significant care. Outside of the courtroom, the degree of the crime can often be overlooked. A conviction on lesser offenses can still damage your future with potential employers, landlords and even bank lenders. Child pornography convictions may involve:
- Requirement to register on sex offender list under Megan’s Law
- Prison sentencing up to 20 years if charged with a first-degree crime (incarceration based on federal child pornography charges can last up to 40 years depending upon the circumstances),
- Mandatory minimum prison sentences,
- Significant monetary fines,
- A lifetime of supervised parole upon release in some cases,
- Psychological treatment as a sex offender,
Both New Jersey and federal laws that apply in child pornography cases can make it difficult for judges to avoid harsh penalties—even if your charges are based on mistakenly opening a document or file or you’re a family member’s use of the Internet.
Enhanced Penalties for Child Pornography in New Jersey
New Jersey has extended the first-degree felony for parents to engage in child pornography to guardians and others responsible for a child’s care. Individuals who have been convicted of distributing more than 25 images of child pornography face a mandatory minimum prison sentence. First offenders face a minimum sentence of 5 years, while repeat offenders face a minimum 10-year sentence.
Any individual in New Jersey who causes or permits the reproduction of child pornography will face an extended prison term for second or subsequent offenses.
Furthermore, The No Early Release Act mandates that anyone convicted of having engaged in child pornography may serve a minimum of 85% of their prison sentence. Furthermore, under certain convictions in New Jersey, there may be lifetime parole.
Child Pornography as a Federal Crime
Not only is child pornography a state crime in New Jersey, it is a federal crime. Because of the nature and complexity of criminal laws in the United States, you should never try to navigate the complicated waters of both the state and federal child pornography laws without the help of a seasoned lawyer with experience in these areas.
The relevant federal laws addressing child pornography are:
- 18 U.S.C. § 2251- Sexual Exploitation of Children
- 18 U.S.C. § 2251A- Selling and Buying of Children
- 18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors
- 18 U.S.C. § 2252A- Certain activities relating to material constituting or containing child pornography
- 18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States
About Atlantic City, New Jersey
Atlantic City, often known by its initials A.C., is a coastal resort city in Atlantic County, New Jersey, known for its casinos, boardwalk, and beaches. The city has a population of approximately 40,000. It was incorporated on May 1, 1854, from portions of Egg Harbor Township and Galloway Township. Atlantic City inspired the U.S. version of the board game Monopoly, especially the street names. Since 1921, Atlantic City has been the home of the Miss America pageant. In 1976, New Jersey voters legalized casino gambling in Atlantic City. The first casino opened two years later.
Frequently Asked Questions about Child Pornography Law in Atlantic City, New Jersey
This depends upon the degree of crime charged. If convicted for first or second-degree crimes, a presumption of incarceration applies. However, for third-degree offenses relating to possession alone, probation may be available if you have no prior convictions.
In certain cases, enhanced charges may apply. For example, if a defendant is convicted of distributing at least 25 pieces of child pornography, mandatory minimum prison sentences apply, at least 5 years for first offenders and up to 10 years for repeat offenders. Under the No Early Release Act, defendants convicted on child pornography charges must serve at least 85% of their prison sentences in New Jersey.
Defenses to child pornography are available, but difficult to establish. In some cases, it may be possible to prove that the individuals in the photos or videos were at least 18 years old. It can also be a defense if you received child pornography but promptly destroyed it. As with any other criminal investigation or charge, the prosecution and law enforcement are also required to respect all of your constitutional rights. Constitutional violations may be grounds for having evidence dismissed or even the charges against you reduced or dropped. If you have any questions or concerns, contact The Law Offices of Michele Finizio for a free and confidential discussion. Our experienced legal team is here to help.