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NJ child porn Laws
An NJ child porn possession conviction can ruin your life. Not only are you facing decades in prison, but once you are released you will be ordered to live under extreme conditions.
If convicted of an NJ child porn possession charge, you will have to register as a sex offender & will most likely receive parole supervision for life. The judge will order that you be cut off from using a smartphone, accessing the internet, and perhaps prohibit you from being around children. We strongly urge you to retain an NJ child porn lawyer for these types of charges. The consequences can be devastating & cannot be undone.
Under NJSA 2C:24-4 5 (a), the government only has to prove three things for an NJ child porn conviction:
(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.
An NJ child porn second-degree conviction will result in a 5-10 year prison sentence per count. If you are facing multiple charges, you are facing decades in prison.
NJ Child Porn Penalties
When facing a NJ child porn possession charge, you need to understand the penalties you face. The government is under no obligation to offer a plea deal. The penalties range according to the NJ crime degree you are facing.
For example, a first-degree sex crime carries a ten-year mandatory minimum prison sentence.
Things get worse depending on the type of sex crime. If your charges involve a minor, then the NJ Megan’s law will apply & the judge will sentence you as a “sex offender”.
Under the No Early Release Act (NERA), you must serve 85% of your sentence. Also, the judge may very well impose Parole Supervision for Life.
Common NJ Child Porn Charges
- 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
- Child Endangerment
NJ Child Porn Investigations
State and Federal law enforcement agencies have unlimited resources for hunting NJ child porn cases. For example, the NJ State Police Internet Crimes Against Children Task Force works closely with the FBI and the National Center for Missing and Exploited Children.
Together, the FBI and NJ State Police constantly hunt for online activity of NJ child porn cases and share information. The FBI has an entire unit devoted to child exploitation activity.
Here’s an excerpt from the FBI’s website regarding these types of cases:
Our Crimes Against Children Unit at FBI Headquarters coordinated the development of the National Sex Offenders Registry, which is currently managed by the FBI’s Criminal Justice Information Services Division (CJIS). The National Sex Offender Registry is a database available only to law enforcement that is maintained by the FBI’s Criminal Justice Information Services Division.
If you are under a NJ child porn investigation, do not make your situation worse by providing a statement. You have the right to remain silent and request the services of an attorney.
Megan's Law
If you plead guilty or are found guilty of an NJ child porn charge, your name will go on the NJ Sex Offender Registry.
Under Megan’s Law, convicted sex offenders must register with the local police. The following information must be provided:
- The registrant’s name
- The registrant’s alias names
- The registrant’s address
- The registrant photograph
- The Megan’s Law sex crimes the offender committed.
- Date the offense took place
- Location the offense took place
- The offender’s classification
- The offender’s birth date and age.
- The offender’s sex and race.
- The offender’s body characteristics like hair, height, and eye color.
- The offender’s car information.
The public can search for NJ child porn felons registered as sex offenders by name, address, or zip code.
NJ Child Porn Defenses
Although NJ child porn cases have devastating consequences, the good news is that an experienced & skilled attorney will know how to defend you.
Here are a four possible defenses to NJ child porn cases:
- You did NOT INTEND to Possess Child Pornography
Real Case:
During COVID, the client was a personal trainer who trained people at his home. As part of the training, he provided every client with his home’s Wi-Fi password. Often, while clients would wait for their personal training session, they would use his home’s Wi-Fi connection to access the internet.
Much to our client’s shock, the NJ State police appeared at his home early one morning to execute a search warrant. They seized his laptop, iPad, and cellphone. He faced decades in prison and was terrified.
After retaining our firm, we were able to show the Bergen County Prosecutor’s office that the client did not visit the child porn websites but rather, it was one of the men who had personal training sessions with him. The charges against him were dismissed.
2.It Is Reasonable to Believe that the Person Depicted is an Adult
Another defense to an NJ Child porn case is that you did not know that the person depicted in the image or video was a child. If you reasonably believed that the person depicted is an adult, this can provide a defense as well, and it will be up to the prosecution to prove that you should have known that the person depicted was a minor.
3. Entrapment by State or Federal Law Enforcement
Entrapment is a defense to child pornography charges under the law. In NJ child porn cases, your charges may be dismissed if you can show “by a preponderance of the evidence that his conduct occurred in response to an entrapment.” This means that law enforcement did something to put you in a situation that caused you to do what you did.
4. Illegal Searches
In NJ child porn cases, warrantless searches are presumptively invalid. This means that law enforcement cannot search your home or your electronic devices without a valid search warrant. If at any point during their investigation of your NJ child porn case, the police obtained the evidence against you in an unconstitutional manner, then that evidence cannot be admitted in court.
Dismissing Criminal Charges: 7 Ways to End the Nightmare
Other Sex Crime Defenses
Sex crime cases are “fact-sensitive”. This means that no two situations are alike. A tiny detail could mean the difference between your freedom and a twenty-year prison sentence. When you hire our sex crime lawyers, we know which facts have a “legal significance”. After understanding your side of the story & reviewing the evidence against you, we build a strategic defense for you.
Legal defenses to a sex crime charge include:
- Consent – Although this appears obvious, the facts of your case will determine whether “the agreement” to have sex was reasonable.
- Mistaken Identity – The alleged victim in your case has accused the “wrong person”.
- Alibi – You were nowhere near the scene of the crime & we can prove it.
- Scientific Evidence – DNA evidence cannot place you at the scene of the crime. Or, DNA evidence proves that another person was involved.
- Eyewitness Testimony – We locate witnesses who provide a contradictory account of what the victim alleged.
- Surveillance Evidence – We locate video which proves that you did not commit a sex crime.
- Plea Bargaining – Although this is not a legal defense, it is an important tool to reach an excellent result in your sex crime case.
Sometimes it only takes one of these legal defenses to win & other times it takes a combination of these.
Do I need an NJ Child Porn Lawyer?
As you have read, these charges carry serious consequences. If you have been charged or are under investigation for an NJ child porn case:
- Remain silent – Do not speak with law enforcement. Do not “try to explain” your side of the story. Doing this never helps. If anything, it makes your case weak.
- Do Not Consent To A Search – You have a 4th Amendment right against unreasonable searches & seizures. This includes your person, your vehicle, and your home.
- Hire an NJ Child Porn Lawyer – Do not try to represent yourself. NJ child porn cases carry a lengthy prison sentence. This is not the time to save money with a DIY approach.
NJ Felony Penalties Quick-Reference Guide
Felony Degree
Prison & Fines
Examples
First-Degree
1st-degree felony charges in NJ are reserved for the most serious criminal offenses. Prison terms start at a minimum of 10 years in prison.
- Murder
- Aggravated Sex Assault
- Manslaughter
- Drug Distribution
Second-Degree
2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.
- Vehicular Homicide
- Aggravated Assault
- Robbery
- Endangering Welfare of a Child
Third-Degree
3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with a 3rd-degree.
- Drug Possession
- Terroristic Threats
- Unlawful Weapon Possession
Fourth-Degree
4th-degree felony charges carry up to 18 months in jail. These cases can get “remanded” to a lower court. In this way, you will be out of “felony” danger.
- Drug Possession
- Lewdness
- Criminal Sexual Contact
- Criminal Mischief
Our Experience
You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.
Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey complex as well as nearby cities. The New Jersey Law Journal recently published one of his articles on the subject of criminal law.
How We Can Help
Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.
If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.
Our Practice Areas:
Below, you will find a few of our practice areas.
Areas We Serve
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Glenn Newmark
21:58 22 Mar 22
Alan is a consummate pro. I hired him to help represent me on a delicate personal matter. First of all his initial consultation was spot on. Second of all his fees were fair and resonable. Third of all - He was extremely responsive and responsible it’s clear that he actually cares about his work and the people he represents. Finally the positive results he obtained for me. speak for themselves.
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00:51 21 Mar 22
Alan Peyrouton is a excellent attorney. He was able to advise and to represent me wisely. I would refer him to anyone in need of counsel.
Brian Vargas
19:05 18 Mar 22
Alan is a very good attorney.
Mauricio Caceres
19:05 18 Mar 22
Let me start by saying that Alan and Kevin gave me my life back. I was been charged with different charges and facing over 15 years in jail.When i first walk into their office i was scared and uncertain of what my future was going to be but thanks to these two great men i got my life back. I explained my situation and how i was falsely accused and they could see that i was telling the true. They became more than a bodyguard on my behalf. They defended me like if i was their son or a relative. Expended extended hours on my case, any other lawyer would charge a very large amount of money.They did an awesome job and i have a personal appreciation for them.The outcome of my situation was incredibly. Didn't have to go to trial even though they were more than ready, no jail time, no probation or PTI. For my career it was awesome because i have a secret clearance and anything other than a small fine would jeopardize it.I would like to thank them and If you ever need a knowledge lawyer call them they are the best.Quiesiera empesar por decir que Alan y Kevin me devolvieron mi vida. Estaba en la situation que podia ver unos 15 años en la carcel.La primera vez que entre a su officina yo tenia miedo e inseguro de lo que esperaba del futuro. Le explique mi situacion e inmediatamente se dieron cuenta que decia la verdad sobre las falsas acusaciones. En ese momento tomaron mi caso y se volvieron mas que mis guarda espalda. Pelearon por mi como si yo fuera su hijo o algun pariente. Trabajaron muchisimas horas que cualquier otro abogado me ubiera cobrado muchisimo. En este caso tenia un dos por uno. Le tengo un aprecio personal a los dos.Al final los resultados fueron sorpredientes. No tube ningun tipo de probacion o PTI. Para el trabajo que hago cualquier cargo que no sea una pequeña multa afectaria mi trabajo. Ademas tengo una segurida secreta y para aquirir ese tipo de suguridad es muy dificil.Le quiero dar las gracias a los dos y recomendarlos a cualquiera que tenga algun problema con la ley
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Alexandra Pena
01:03 22 Oct 21
From the very start of hiring Mr. Peyrouton to represent my son’s case in court, he reassured me that he and Samera would be available at any time if I had any questions or concerns along the way and he followed through on that. I am very satisfied with his services and the outcome of the case. He went above and beyond by also making sure there would be no legal long-term repercussions for my son. I appreciate his swift handling of the whole situation...I most definitely recommend Peyrouton Law!!
Gloria Brown
20:40 13 Sep 21
I spoke with Samira and she is the best. I can't think her enough for her time and understanding. I was so lost about this case thats hurting me and my family. I truly thank her not many will explain nor take the time without a fee. Samira if you ever become an attorney... You Are Hired 👊👍 I thank this firm for having a great person on their team.