Child Pornography

The child pornography defense attorneys at Law Offices of Jonathan F. Marshall, 10 Allen St #2Dreet, Toms River, NJ 08753, defend clients charged with possession and distribution of child pornography in Toms River, Jackson, Brick Township, Manchester, Stafford, Little Egg Harbor, Lacey, Lakewood, Berkeley, Barnegat and elsewhere in Ocean County.

There are few non-violent crimes an individual can face in Toms River, Brick or another Ocean County municipality that can result in life altering consequences like a child pornography possession or distribution offense. Whether the charge results from possession of a photograph, video or other sexually explicit depiction, there is a stigma that can follow an individual for decades. Members of the Ocean County Prosecutor's Office also tend to be extremely inflexible in child pornography cases making it even more important for you to be represented by a skilled attorney. If you were charged with distributing child pornography or even possession in Jackson, Manchester, Stafford or another town, you absolutely need to enlist the services of an experienced criminal lawyer. Law Offices of Jonathan F. Marshall is a team of former prosecutors and knowledgeable lawyers who know how to dissect a child pornography case so that our clients avoid a poor outcome. And even when the facts are overwhelming against our client, our attorneys have a track record of negotiating favorable outcomes. Contact our Toms River Office at (732) 286-6500 for a free consultation with a lawyer on our staff.

Charges for possession, manufacturing, distribution and file sharing of child pornography are set forth in N.J.S.A. 2C:24-4. This is the same law which sets forth the offense of endangering the welfare of a child. "Child pornography" is defined under this statute as a video, photograph, image or other reproduction depicting someone under sixteen (16) engaging in a prohibited sexual act. "Prohibited sexual act" means 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 who may view such depiction, or any act sexual penetration or sexual contact. The following is a break down of the various offenses an individual can face under the New Jersey Child Pornography Law.

It is a third degree crime under subsection (b)(5)(b) when someone "possesses, knowingly views, or knowingly has under his [or her] control, through any means, including the Internet, an item depicting the sexual exploitation or abuse of a child".  What this means is that if you are found in possession of a computer image, video or file depicting a child in an sexual explicit manner, you are exposed to a felony criminal offense of the third degree.

Possession or viewing child pornography results in up to 5 years in prison. It also carries a fine of up to $15,000. In addition, although this third degree crime is eligible for Pretrial Intervention (“PTI”), individuals are rarely admitted into the program in child pornography possession cases. The basis for rejection is frequently that the applicant is engaging in a pattern of anti-social behavior. Hiring a savvy attorney to defend your possession of child pornography is extremely important given this circumstance.

It is a second degree crime under N.J.S.A. 2C:24-4(b)(4) to knowingly distribute child pornography, possess child pornography with the intention to distribute the videos or other depictions or to engage in file sharing (on the internet) of child pornography. It is important to keep in mind that the accused must not only know that the items he is distributing/selling/sharing are child pornography but also possess the intention of disseminating the photographs, films or other reproductions depicted a child engaging in a prohibited sexual act or in simulation of the sexual act. The prosecutor will have to establish three elements in order to convict you of distribution of child pornography at the Criminal Division of the Ocean County Superior Court in Toms River. First, the defendant must have sold, distributed or shared an internet file. Second, the aforesaid item must have been a photograph, video or reproduction depicting a child engaging in a sexual act. Third, the actor must have known that the image he/she was disseminating was child pornography.

As previously stated, a conviction for this violation is a second degree crime. There is no eligibility for Pretrial Intervention ("PTI") for this grade of criminal offense, which also carries a presumption of incarceration (i.e. virtual certainly you will be incarcerated if convicted). The range of imprisonment is five (5) and ten (10) years, if you are convicted. The fine for second degree distribution of child pornography is up to $150,000.

It is also a second degree crime to photograph, film or manufacture materials depicting child pornography (i.e. someone under 16 years old engaging in sexually explicit acts). When the defendant causes or permits the child to engage in acts to create child pornography, this violation is enhanced to a first degree crime. Unlike the predecessor law, there is no requirement that the defendant be a parent, guardian, or otherwise possess a legal duty of care to the child, for first degree child pornography to arise. So long as the actor causes or permits a child to engage in creation of child pornography, a violation under subsection 2C:24-4(b)(3) has occurred.

Second degree creation of child pornography carries between five (5) and ten (10) years in prison and a fine of up to $150,000. A first degree child pornography offense results in ten (10) to twenty (20) years in prison and a fine of up to $200,000.

The chart that follows summarizes the grading and penalties for child pornography offenses under N.J.S.A. 2C:24-4(b).

Megan's Law in Child Pornography Cases. A common questions by individuals charged with a child pornography offense is whether they will have to comply with and register under Megan's Law. The answer is that it depends on the variety of child pornography in your case. A conviction under subsection (3), (4) or (5)(a) of N.J.S.A. 2C:24-4 triggers application of Megan's Law, including sex offender registration and Community Supervision for Law.

Statute of Limitation. An individual must be charged with a child pornography offense within five years of the victim reaching the age of 18 or within two years of the discovery of the offense by the victim, whichever is later.

Society has a very strong view of those in possession, who view, or distribute child pornography. There certainly isn’t much understanding, compassion, or sympathy for those who engage in this type of conduct in Little Egg Harbor, Lacey, Lakewood, Berkeley, Barnegat or another location in the state.  It is therefore crucial that you retain an attorney that can effectively deal with the imbalance and successfully defend this rather emotional offense. The lawyers at Law Offices of Jonathan F. Marshall are accomplished and are ready to assist in fighting this accusation. Attorneys are available 24/7 for free consultation by contact our office in Toms River at (732) 286-6500. A lawyer is ready to help you now.