Whether you are charged with possessing or distributing child pornography you are facing life changing consequences if convicted. Not only are you facing a felony criminal record but you are also facing a lengthy State prison sentence, mandatory Megan’s Law Registration for life, mandatory Parole Supervision for life, a fine up to $150,000 and potential mandatory counseling. The governing statute in New Jersey for distributing child pornography is N.J.S.A. 2C:24-4. As you will see below, the difference between possessing and distributing child pornography could be the difference between a ten (10) year prison sentence and a probationary term, even possible participation in the Pretrial Intervention Program. If you or a loved one has been charged with possessing child pornography, distributing child pornography, endangering the welfare of a child, sexual assault, criminal sexual contact or lewdness in Morris County, the Law Office of Jonathan F. Marshall can help. Our team of eight Morris County criminal defense lawyers have extensive experience representing clients charged with various criminal offenses throughout Morris County, in towns like Madison, Morristown, Denville, Dover, Parsippany, Mount Olive, Roxbury and Boonton. If you would like to discuss your options with any one of the eight criminal defense attorneys on staff, please contact our office at 973.309.7050. Now here is breakdown of the two charges, including the applicable penalties if convicted.
Distributing Child Pornography Lawyers in NJ: N.J.S.A 2C:224-4b
The governing statute in New Jersey for distributing child pornography is located in the endangering the welfare of a child section. Specifically, it falls under N.J.S.A 2C:24-4b, which states in pertinent part:
2C:24-4. Endangering Welfare of Children.
a. (1) Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this paragraph to a child is guilty of a crime of the third degree.
(2) Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who causes the child harm that would make the child an abused or neglected child as defined in R.S.9:6-1, R.S.9:6-3 and P.L.1974, c.119, s.1 (C.9:6-8.21) is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this paragraph to a child is guilty of a crime of the third degree.
b. (1) As used in this subsection:
“Child” means any person under 18 years of age.
“Distribute” means to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate, disseminate, present, exhibit, display, share, advertise, offer, or make available via the Internet or by any other means, whether for pecuniary gain or not. The term also includes an agreement or attempt to distribute.
“File-sharing program” means a computer program, application, software or operating system that allows the user of a computer on which such program, application, software or operating system is installed to designate files as available for searching by and copying to one or more other computers, to transmit such designated files directly to one or more other computers, and to request the transmission of such designated files directly from one or more other computers. The term “file-sharing program” includes but is not limited to a computer program, application or software that enables a computer user to participate in a peer-to-peer network.
“Internet” means the international computer network of both federal and non-federal interoperable packet switched data networks.
“Item depicting the sexual exploitation or abuse of a child” means a photograph, film, video, an electronic, electromagnetic or digital recording, an image stored or maintained in a computer program or file or in a portion of a file, or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act.
“Peer-to-peer network” means a connection of computer systems through which files are shared directly between the systems on a network without the need of a central server.
“Prohibited sexual act” means
(a) Sexual intercourse; or
(b) Anal intercourse; or
(c) Masturbation; or
(d) Bestiality; or
(e) Sadism; or
(f) Masochism; or
(g) Fellatio; or
(h) Cunnilingus; or
(i) Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction; or
(j) Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1.
“Reproduction” means, but is not limited to, computer generated images.
(2) (Deleted by amendment, P.L.2001, c.291).
(3) A person commits a crime of the first degree if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance.
(4) A person commits a crime of the second degree if he photographs or films a child in a prohibited sexual act or in the simulation of such an act or who uses any device, including a computer, to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act.
(5) (a) A person commits a crime of the second degree if, by any means, including but not limited to the Internet, he:
(i) knowingly distributes an item depicting the sexual exploitation or abuse of a child;
(ii) knowingly possesses an item depicting the sexual exploitation or abuse of a child with the intent to distribute that item; or
(iii) knowingly stores or maintains an item depicting the sexual exploitation or abuse of a child using a file-sharing program which is designated as available for searching by or copying to one or more other computers.
As mentioned in the statute, distributing child porn is a second degree felony in New Jersey. If convicted, a Defendant faces any where between 5 – 10 years in a New Jersey State Prison, a fine up to $150,000, undergoing what is known as a psycho-sexual evaluation, mandatory Megan’s Law registration, mandatory Parole Supervision for life and potential civil commitment.
With that being said, the governing statute in New Jersey for possession of child pornography is N.J.S.A. 2C:24-4b(5)(b), which states in pertinent part:
(b) A person commits a crime of the third degree if he knowingly possesses, knowingly views, or knowingly has under his control, through any means, including the Internet, an item depicting the sexual exploitation or abuse of a child.
As mentioned in the statute above, possession child porn is a crime of the third degree (felony). If convicted, a Defendant faces any where between 3 – 5 years in a New Jersey State Prison, a fine up to $15,000, community service, undergoing what is known as a psycho-sexual evaluation and possibly civil commitment.
Possession of Child Pornography Attorney in Mount Olive NJ
As I am sure you already knew, distribution and/or possession of child porn is a very serious charge in New Jersey. If convicted, the penalties will almost certainly be life changing. If you or a loved one has been charged with distributing child porn, endangering the welfare of a child, aggravated sexual assault, aggravated criminal sexual contact or stalking, in towns like Harding, Montville, Rockaway, Florham Park, Morris Township, Jefferson or elsewhere in Morris County, we can help. For a free consultation, please contact our office at 973.309.7050.