New Jersey Distribution Of Child Pornography Defense Attorney
Being charged with distribution of child pornography in New Jersey is an extremely serious matter that can lead to decades in prison and require registering as a sex offender. However, an experienced criminal defense attorney can often mount an effective defense against these allegations.
New Jersey has some of the strictest child pornography laws in the country. Even a conviction for simple possession can result in years behind bars. Distribution charges are even more serious and can lead to a mandatory minimum 10 year prison sentence if convicted of a first degree offense[1].
How New Jersey Defines Child Pornography
New Jersey law defines child pornography as any visual depiction of a child under 18 engaged in a prohibited sexual act or the portrayal of a child in a sexually suggestive manner for the purpose of sexual stimulation or gratification of any person[2].
This includes actual images and videos as well as digitally created content. Even cartoon depictions can fall under the definition if they are considered obscene. The law also encompasses child erotica that does not rise to the level of obscenity but that taken as a whole suggests sexual activity by minors[3].
Penalties For Distribution of Child Pornography
Distribution of child pornography is categorized based on the number of items involved[4]:
- 25 or More Items – First degree crime punishable by 10-20 years in prison
- Less Than 25 Items – Second degree crime with a sentence of 5-10 years
- Less Than 5 Items – Third degree with up to 5 years incarceration
Fines up to $200,000 also may be imposed. Those convicted will also be subject to the requirements of Megan’s Law including registering as a sex offender.
Possible Defenses in Child Porn Cases
There are several possible defenses that an experienced attorney can raise in fighting distribution of child pornography charges:
- You Did Not Knowingly Distribute – The prosecution must prove that you knowingly distributed illicit images. For example, a virus or malware could have accessed your computer and used it to distribute files without your knowledge.
- Misidentification – Law enforcement may have mistaken legal adult pornography for illegal child pornography. An attorney can scrutinize the evidence to determine if proper age verification was conducted.
- Free Speech – Not all images of nude minors are necessarily obscene. An attorney can argue that the material, while controversial, is protected under the First Amendment.
- Entrapment – Undercover officers may have coerced or induced you into committing a crime you otherwise would not have. This may provide grounds for dismissal.
Working With a New Jersey Criminal Defense Lawyer
The penalties for even a single conviction for distribution of child pornography are extremely severe in New Jersey. You need an aggressive lawyer on your side to protect your rights and future.
Do not say anything to police without counsel present. Remember – you have the right to remain silent. An experienced attorney knows how to navigate these complex cases and build the strongest defense on your behalf.
With decades of experience, attorney Matthew V. Portella has successfully defended numerous clients facing child pornography charges throughout New Jersey. He will thoroughly examine the prosecution’s evidence and raise every possible defense to get charges reduced or dismissed.
Facing allegations of possession or distribution of child pornography can be devastating. But an experienced criminal defense lawyer can often prevent the worst outcomes and help ensure justice is served. Contact attorney Matthew V. Portella today to schedule a free consultation and discuss your best legal options.