Child pornography charges are some of the most serious offenses a person can face. Possessing, viewing, or downloading child pornography can lead to a lengthy prison sentence, social stigma, and even registration on the sex offender registry. Even without a lengthy prison sentence, these charges can impact you for the rest of your life.
Several different law enforcement agencies could be involved in child pornography charges. Local, state, and federal task forces investigate possession charges and create scenarios to catch people in the act. As a result, a person may face state or federal charges related to possession. If you have been charged with possessing or viewing child pornography, reach out to a skilled criminal defense attorney. A Newark child pornography lawyer from our firm could help you whether you are in the state system, federal system, or both.
New Jersey Statutes Annotated § 2C:24-4 outlines the offense of endangering the welfare of children, which includes child pornography offenses. There are three elements to a child pornography possession or viewing charge:
The more images a person possesses, the higher the degree of the crime. It is a third-degree crime to possess or view fewer than 1,000 images, with the potential of up to five years in prison. It is a second-degree crime to possess between 1,000 and 100,000 images, and the potential penalty is between five and 10 years in prison. Possessing more than 100,000 images is a first-degree crime that can result in 10 to 20 years in prison.
It is essential to understand that the court has limited discretion regarding punishment. For example, if a case involves 100 or more images, the court has to impose a prison sentence unless exceptional circumstances justify an alternative.
Additionally, under New Jersey’s Megan’s Law, people convicted of first- or second-degree possession offenses must register as sex offenders. A third-degree offense does not require registration. Since registration as a sex offender has a lasting impact, successfully pleading to a lesser offense can make a massive difference in the impact a possession charge has on someone’s life. A Newark attorney could help explore the possibility of a plea deal if someone is facing child pornography charges.
The law requires that a person knowingly view the material. Some people believe this means that a person must know that the person in the material is a minor. However, it is not a defense to a child pornography charge that a person believed the person in the images was over 18, even if the belief was reasonable.
Furthermore, there can be an inference that someone in the images was a child, even without proof of their age. If a person depicted in an image presents the appearance of being under the age of 18, they may be inferred to be under 18.
Instead, the knowing requirement has to do with whether someone knowingly possessed or viewed the image. Opening an unsolicited email to reveal child pornography probably would not be enough to establish a crime. However, saving, downloading, or otherwise retaining the material after opening it may be enough to establish control or possession of the pornography. If someone receives unsolicited child pornography, they should reach out to a Newark attorney for assistance on how to proceed.
The official punishment for possessing or viewing child pornography can be up to decades in prison. The punishment for creating or distributing images can be even higher. Plus, these charges come with additional penalties, such as registration as a sex offender. The social stigma can be overwhelming, leading to isolation, inability to get a job, and disruption of your personal life.
A Newark child pornography lawyer from our firm could help you navigate this complicated landscape. They could explain the charges against you and help you explore potential defenses, pleas, and whether you may be eligible for pretrial intervention. Schedule a consultation to learn more about your legal options today.
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