Evesham Township Child Pornography Defense Lawyer
Experienced and Diligent Attorney Represents Clients Facing Child Pornography Charges in Evesham Township, New Jersey
If you have been arrested on child pornography charges in New Jersey, you may recognize that you are facing serious potential consequences in the event of a conviction. You’ll need a skilled Evesham Township Child Pornography Defense Lawyer. A child pornography conviction can result in years in prison, thousands of dollars in fines, and the requirement to register as a sex offender and potentially being classified as a sexually violent predator, which can not only impact your personal and professional relationships but make it nearly impossible to find a good job or housing.
Given the severity of child pornography laws, it may seem daunting to be accused of such crimes. When you are facing charges relating to child pornography in Evesham Township, you need dedicated, experienced legal representation in your corner to fight for your rights and interests. Our legal team can help you secure the best possible outcome. If you have been accused of an offense involving child pornography in Evesham Township, contact The Law Offices of Michele Finizio, an experienced New Jersey child pornography defense lawyer.
New Jersey Legal Framework for Child Pornography
In New Jersey, anything to do with child pornography is essentially illegal. Practically speaking, you can be arrested on a child pornography offense if you possess, view, distribute, manufacture, or permit the creation of child pornography.
Child pornography is classified as any image, whether a still photograph or video, that depicts a child engaging in sexual activity, whether actual or simulated. Child pornography charges can be prosecuted as:
- Third-degree felonies: mere possession of child pornography, without more, is punishable as a third-degree crime in New Jersey, meaning that you will face up to five years in jail if convicted (and jail time will be mandatory if more than 100 images are involved).
- Second-degree felonies: distributing child pornography is a second-degree offense, meaning that you will face between five and ten years in jail if convicted – and a presumption of incarceration applies in these cases.
- First-degree felonies: the actual creation of child pornography – or allowing a child to engaged in child pornography – may be punished as a first-degree crime carrying a potential 20-year prison sentence and upwards of $200,000 in fines.
In more serious cases, a child pornography conviction can lead to lifetime supervised parole, lifelong registration requirements under Megan’s law, and a period of parole ineligibility. Even in cases involving third-degree offenses, where pre-trial intervention might otherwise be available to first offenders, the prosecution is likely to vigorously challenge admission to the program in lieu of prosecution.
Consequences of Child Pornography Convictions in New Jersey
In New Jersey, any activity relating to child pornography is a crime punishable by severe penalties. State law prohibits photographing, videotaping, or other recording of a sexual act or simulated sexual act involving a person under the age of 18. Although the act of recording must be knowing or intentional, it is not necessary to prove knowledge of the subject’s age.
New Jersey law also prohibits the distribution of child pornography, including sharing, selling, disseminating, or exhibiting any material or recording that depicts children engaging in a sexual act or simulated sexual act.
Finally, the law also prohibits the voluntary viewing or possession of child pornography within one’s home or some other setting within one’s control; these other settings can include an office or other business property, in a vehicle, or even on computer servers that are within one’s control. The offender must also be shown to have intentionally viewed the material or intentionally or knowingly kept the materials in his or her actual or constructive possession.
Consequences for a conviction of a child pornography offense include:
- Production of child pornography: Prison term of five to ten years and a fine of up to $25,000
- Distribution, possession, or viewing of child pornography (first offense): Prison term of three-and-a-half to seven years and a fine of up to $15,000
- Distribution, possession, or viewing of child pornography (second or subsequent offense): Prison term of five to ten years and a fine of up to $25,000
If one disseminates or transports child pornography across state or international borders, or brings children across state or international borders for the purposes of making child pornography, he or she may also be charged with federal crimes.
About Evesham Township, NJ
Evesham Township is a township in Burlington County, New Jersey, and is a suburb of Philadelphia. The township’s population is 46,000. Evesham Township has a total area of 29.59 square miles. Colloquially, the area is referred to as Marlton, the name of a community with the township.
Frequently Asked Questions about Child Pornography Law in Evesham Township, New Jersey
Most likely. Most child pornography-related charges will require you to register as a sex offender. In addition, a conviction may require you to undergo evaluation for sexually violent predator status. If you are deemed a sexually violent predator, you will have a lifetime sex offender registration requirement, regardless of what tier of sex offender registration requirements your offense of conviction is classified at.
No, not necessarily. You must remain arrest and conviction-free for fifteen (15) years and then make a motion before a Superior Court to remove the restrictions. You can never apply before 15 years and this cannot be negotiated or reduced by the prosecutor. You may have to undergo an evaluation before you apply. Contact The Law Offices of Michele Finizio if you would like to learn more. Our legal team is here to help.