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Child Pornography

Monmouth County Child Pornography Defense Lawyer

“Child pornography” are two of the most damning words in American legal English - right up there with “domestic terrorism,” “sexual harassment” and “murder one” The Internet and social media have inspired a light-speed increase in the manufacture, distribution and possession of child pornography - and also the reputation-destroying publicity that comes with an accusation of manufacture, possession or distribution of child pornography.

Guilty or innocent, you can be forever tainted.

In New Jersey it is illegal to possess, view, distribute, share, receive, photograph or allow a child to engage in child pornography.The possible penalties are as severe as the crime: Up to 20 years in State Prison, a fine of as much as $200,000 and possible life-long status on the Megan’s Law sex offender register - and Parole Supervision for Life..

And the stories of what happens in prison to inmates accused of child pornography and other sex crimes are as unpretty as the crime.

If you have been accused of any crime having to do with child pornography, you should immediately contact Monmouth County child pornography attorney Tara Breslow-Testa. Born, bred and educated (Rutgers) in New Jersey Ms. Breslow-Testa is all too aware of how serious these charges are, and the immediate and long-term psychological, physical and financial effects they can have on the accused - guilty or not.

Talk to Tara before anyone else. For a free consultation, call (732) 784-2880.

Definitions

New Jersey defines “child” as any person under 18 years of age. “Prohibited sex acts” include sexual intercourse, anal intercourse, masturbation, bestiality, sadism, masochism, fellatio, cunnilingus or nudity, if depicted for the purpose of sexual stimulation or gratification of any person viewing it.

Child pornography is not protected speech under the First Amendment.

An attorney defending child pornography cases in Monmouth County, Tara Breslow-Testa understands the fine points of New Jersey child pornography laws, and you want her by your side when you stand accused.

Possession of Child Pornography is a Third Degree Offense

The details and penalties for child pornography are all covered under New Jersey statutes §2c:24-4for Child Endangerment. Statute NJSA 2C:24-4 criminalizes possessing, viewing or having under their control, anything that depicts a child engaging in a prohibited sexual act or in the simulation of such an act. Possession of child pornography is a third degree felony offense in New Jersey - punishable by no more than five years in New Jersey State Prison, a fine of up to $15,000, a felony criminal record and being added to sex offender lists.

Third degree offenses usually come with a presumption against incarceration - as long as it’s a first offense. However, child pornography offenses are serious and that presumption of no incarceration is often set aside by cautious judges.

And if the accused is found guilty of possessing more than 100 images, prison is mandatory.

Distribution of Child Pornography is a Second Degree Offense

New Jersey statutes N.J.S.A. 2C:24-4b(5)(a) criminalize the distribution, the possession of with the intent to distribute or the storing if any item that depicts the sexual exploitation or abuse of a child. Distribution of child pornography is a second degree offense, carrying a possible prison term of five to 10 years in New Jersey State Prison, a fine of up to $150,000 and a non-expungeable felony criminal record. Also, a conviction for distribution of child pornography in the second degree requires inclusion on the Megan’s Law list of sex offenders and under Parole Supervision for Life. A second degree offense comes with a presumption of incarceration and anyone convicted with more than 25 items must be sentenced to a terms of imprisonment with a parole ineligibility period added on.

Manufacturing Child Pornography is a First Degree Felony

New Jersey statutes 2C:24-4b(3) details offenses and penalties for anyone causing or permitting a child to engage in a prohibited sexual act or in the simulation thereof, if the Defendant knew, had reason to know or intended that the prohibited act may be photographed, filmed or reproduced in anyway. Manufacturing child pornography is a first degree offense, punishable by up to 20 years in State Prison, as much as a $200,000 fine, a felony criminal record that can’t be expunged, registration under Megan’s Law and Parole Supervision for Life.

Sexting = Children Accused of Child Pornography

If a person under the age of 18 exchanges, possesses or distributes photos of another person under the age of 18 - even if they are a friend, boyfriend or girlfriend - that child can be accused and convicted of child pornography.

What is sexting to some is illegal to the state of New Jersey. But New Jersey understands that children being accused of child pornography can be damaging to that child’s present and future - so New Jersey passed a law requiring children found guilty of sexting images that would qualify as child pornography to avoid prosecution if they attend a State-sponsored educational program designed to educate juveniles about the immorality of sending sexually explicit images - and the possible penalties and lifelong repercussions if they are caught sexting a second time.

Defending child pornography cases in Monmouth County, attorney Tara Breslow-Testa understands when the New Jersey courts want to be lenient, and when they want to throw the book. She is the person to talk to when a teenager’s smartphone flirtation turns into a felony crime.

#BetterCallTara

Child pornography is a very serious charge with immediate and life-long consequences. There are strategies and defenses to have charges dropped, sentences shortened - to minimize the fallout from an accusation of producing, possessing or distributing child pornography. Monmouth County child pornography defense lawyer Tara Breslow-Testa understands how serious - and stressful - child pornography charges are, and who has the experience to defend you in court.

Talk to Tara before anyone else. For a free consultation, call (732) 784-2880