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Child Pornography - Possession and Distribution

Child Pornography Defense Lawyer in New Jersey

Whether you are charged or being investigated for charges relating to Possession of Child Pornography or Distribution of Child Pornography, it is imperative that your matter is handled the right way from the very start of any investigation. Child Pornography matters are very different from other types of criminal cases and it’s essential to have counsel with the requisite skill set. Ms. Breslow has an in-depth understanding of computer forensics as it relates to these matters, as well as the ability to navigate through a criminal system that is stacked against the Defendant. At our smaller boutique firm, Ms. Breslow is able to personally handle each matter and you will always have a point of contact and feel guided at every step, not feeling tossed around to different attorneys at a large firm. Tara Breslow is ready to help you if you have been charged with a any Child Pornography case in either State or Federal court in the State of New Jersey. She has handled cases throughout New Jersey including Monmouth, Middlesex, Ocean, Mercer, Essex, Bergen and Mercer counties. .

There is no doubt that the laws in New Jersey are very harsh for both Possession and Distribution of Child Pornography. It is illegal to possess, view, distribute, share, receive, photograph or allow a child to engage in child pornography. If charged with a first degree offense, the possible penalties are as severe as 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. In some cases, it is possible to be removed from Megan’s Law after 15 years of supervision, however, this can seem like a lifetime for the Registrant.

In recent years, there has been an increase in Child Pornography cases in general, including more juveniles being charged with child pornography related charges. There is no doubt that 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. If you have a child charged with Child Pornography Ms. Breslow has vast experience handling juvenile related Child Pornography cases which are heard in the Family Division.

Child pornography related charges can have long-term psychological, physical and financial effects on anyone charged with these types of offenses and competent counsel can help you through this process. For a free consultation, call (732) 784-2880. Here are the definitions and penalties for Child Pornography charges in New Jersey.

Definition of Child Pornography

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.

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 penalties are very different and can be much harsher.

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) criminalizes the distribution, the possession of with the intent to distribute or the storing of 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 term 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.

Federal Child Pornography Cases

If you have been charged at the Federal level with Child Pornography charges, you could be charged under 18 U.S.C. Section 2251, production of Child Pornography. You could be facing anywhere from fifteen to thirty years in prison for a first offense. Federal laws apply to distribution, possession, and importation of child pornography. Ms. Breslow has experience in the Federal system and is ready to help you.

Juveniles Accused of Child Pornography

If a juvenile 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 then subsequently adjudicated for crimes relating to child pornography. If a juvenile has access to the internet it is very easy for them to view, save and potentially distributed child pornography images through file sharing programs.

There is no doubt that increases in technology has led to an increase of these types of charges. Simply put, Ms. Breslow has been a known advocate for juveniles being treated with more leniency and finding creative solutions to avoid the life long consequences as it relates to Megan’s Law. There might be diversionary programs available to avoid the harsh consequences or a good legal defense.

Juveniles being accused of child pornography can be damaging to that child’s present and future and this law if ever evolving. Ms. Breslow will fight for your child in order to avoid the harsh penalties of Megan’s Law, as she has spent years dealing with these types of situations.

Defending child pornography cases in Monmouth, Middlesex, Mercer, Bergen, Hudson, Essex, Ocean Counties, attorney Tara Breslow-Testa has tremendous experience handling juvenile cases in New Jersey.

Child Pornography related offenses, both Possession and Distribution, are a very serious charges with immediate and life-long consequences. There are definite strategies and defenses to have charges dropped, sentences shortened in order to minimize the fallout from an accusation of producing, possessing or distributing child pornography. Tara Breslow specializes in these types of matters and will personally handle your case. For a free consultation, call (732) 784-2880.

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