NJ Child Porn
Everything You Need To Know

NJ Child Porn

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:

  1. 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: 

  1. Consent – Although this appears obvious, the facts of your case will determine whether “the agreement” to have sex was reasonable.
  2. Mistaken Identity – The alleged victim in your case has accused the “wrong person”
  3. Alibi – You were nowhere near the scene of the crime & we can prove it.
  4. Scientific Evidence – DNA evidence cannot place you at the scene of the crime. Or, DNA evidence proves that another person was involved.
  5. Eyewitness Testimony – We locate witnesses who provide a contradictory account of what the victim alleged.
  6. Surveillance Evidence – We locate video which proves that you did not commit a sex crime.
  7. 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: 

  1. 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. 
  2. Do Not Consent To A SearchYou have a 4th Amendment right against unreasonable searches & seizures. This includes your person, your vehicle, and your home. 
  3. 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.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

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.

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.

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.

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A person extorts if he purposely threatens to:

a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.

Reasonable Articulable Suspicion

Reasonable suspicion is a “search” standard that applies in criminal law.

When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.

A mere “hunch” is not enough.

In other words, a police officer has to provide an acceptable explanation for the search.

United States Constitution

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

NJSA - 2C:43-7.2.
Eligibility for parole;
persons convicted of certain violent crimes

a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.


b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.


c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions

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.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

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.

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.

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