New Jersey Child Pornography Defense Lawyer
The Law Offices of Michele Finizio Serves Clients Facing Child Pornography Charges in Burlington County, Camden County, Mercer County, Atlantic County and Gloucester County NJ
New Jersey’s child pornography laws are among the toughest in the nation. If you are convicted of a child pornography offense in New Jersey, you may be on the New Jersey Sex Offender List for life. Child pornography involves persons under the age of 18 and is not protected speech under the First Amendment.
Child pornography laws in New Jersey are structured to protect children from being sexually exploited. This regulates various forms of sexual misconduct as well through pornographic materials. In New Jersey, It is illegal to produce, transport, possess, distribute, sell, share, and look at child pornography that involves minors. Believing that the person in the pornographic material was age 18 or over is no defense, as you can still be charged with child pornography.
Given the severity of child pornography laws, if you have been accused of involvement in child pornography, you should immediately contact The Law Offices of Michele Finizio, an experienced New Jersey child pornography defense lawyer.
Charges Relating to Child Pornography
Child pornography is a federal as well as a state crime
The most common child pornography charges include:
- Possession of child pornography
- Distribution of child pornography to others (physically or electronically)
- Advertising child pornography
- Printing, producing or developing child pornography materials
- Invoking child pornography themes and ideas on the internet, including in online chats
Courts will broadly interpret all of these definitions. For example, even “sexting” – the sending of sexually explicit digital images, videos, text messages, or emails, usually with your mobile phone – can absolutely fall under these legal definitions in New Jersey.
Child pornography charges are almost always felony charges and, along with the prospect of lifetime registration on the New Jersey Sex Offender List, can involve large fines and lengthy imprisonment sentences. While no state court in the United States takes child pornography lightly, New Jersey has among the most stringent laws in the nation. If you have been charged with an offense involving child pornography, you should immediately contact a law firm experienced in defending people faced with these serious charges.
Child Endangerment
The relevant section of New Jersey Law, N.J. Stat. Ann. §2c:24-4 et seq., makes child pornography laws intentionally very broad.
In addition to the list of charges above, there is a catch-all child endangerment clause, which considers child pornography to include:
Causing or permitting a child to engage in any prohibited sexual acts if you know or have reason to know or intend for the act to be filmed in any manner, including the Internet or will be part of an exhibition or performance.
Enhanced Penalties for Child Pornography in New Jersey
Penalties and prison sentences are severe in New Jersey for those convicted of child pornography
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.
No Early Release Act
The No Early Release Act ensures that anyone convicted of having engaged in child pornography may serve a minimum of 85% of their prison sentence. Further, under certain convictions in New Jersey, there is a possibility of mandatory lifetime parole.
Child Pornography as a Federal Crime
Child pornography is not only a state crime in New Jersey, it is also 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 law firm 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
Call To Schedule A Free And Confidential Consultation With An Experienced Child Pornography Defense Lawyer Today
At the Law Office of Michele Finizio, our dedicated criminal defense lawyers will go to work immediately. We comb through the evidence to identify any possible defense to protect your future and your reputation. If you were arrested on child pornography charges, or are under investigation, don’t wait to act. Call today for a free consultation with an experienced New Jersey child pornography defense lawyer.
Frequently Asked Questions About Child Pornography Law in New Jersey
Yes, we have years of experience defending individuals accused of and charged with child pornography and related crimes. Contact The Law Offices of Michele Finizio today so we can begin a thorough review of the circumstances surrounding the charges against you and plan your defense.
Yes. Megan’s Law, signed into effect in 1994, makes sex offender registration and community notification provisions mandatory. If convicted of a child pornography offense, you may be required to be on the sexual offenders registry for life.
Yes. Even if you are just being investigated and have not yet been formally charged with a child pornography crime, you should protect yourself as best you possibly can by contacting The Law Offices of Michele Finizio today.