Gloucester Township Child Pornography Defense Lawyer
Dedicated and Experienced Attorney Represents Clients Facing Child Pornography Charges in Gloucester Township, New Jersey
In the event of an arrest on a child pornography charge in New Jersey, you may already understand that there are serious potential consequences for you if convicted. A child pornography conviction can result in massive penalties, including lengthy prison time, thousands of dollars in fines, and the requirement to register as a sex offender and potentially being classified as a sexually violent predator. These penalties not only impact your personal and professional relationships but make it nearly impossible to find a good job or housing. You need a skilled Gloucester Township child pornography defense lawyer on your side.
When you are facing charges relating to child pornography in Gloucester 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 Gloucester Township, contact The Law Offices of Michele Finizio, an experienced New Jersey child pornography defense lawyer.
Degrees of Felonies for Child Pornography Crimes
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 engage 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
Child pornography convictions in New Jersey are treated with the utmost seriousness and the penalties are far-reaching and severe. State law prohibits photographing, videotaping, or other recordings 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 Gloucester Township, NJ
Gloucester Township is a township in Camden County, New Jersey. The township has an approximate population of 65,000. Gloucester Township is ranked in the top 20 of most populous municipalities in New Jersey. Gloucester Township was formed in June 1, 1965, while the area was still part of Gloucester County. It was incorporated as one of New Jersey’s first 104 townships by an act of the New Jersey Legislature on February 21, 1798. It became part of the newly created Camden County upon its formation on March 13, 1844.
Frequently Asked Questions about Child Pornography Law in Gloucester Township, New Jersey
Not necessarily. You must go fifteen years without an arrest and conviction, and then make a motion before a Superior Court to remove the restrictions. You are not allowed to apply before fifteen years, which is non-negotiable and cannot be reduced by the prosecutor. It is also possible that you must undergo an evaluation before you apply.
Most likely, yes. 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. Contact The Law Offices of Michele Finizio for a free and confidential discussion. Our legal team is here to help you.