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Child Pornography

Mercer County NJ Child Pornography Attorneys

The crackdown on child pornography has been in full effect throughout New Jersey, including Mercer County for the last couple years. Law enforcement agencies have really revamped their investigative techniques over the years and the number of arrests for both possession of child pornography and distribution of child pornography have been on the rise. In addition, with social media being the way that it is, manufacturing child pornography charges have been on the rise as well. Simply soliciting inappropriate photos from someone under the age of eighteen could now fall under the “manufacturing child pornography” section of the criminal code. If you have been arrested and charged with possession of child pornography, distributing child pornography, lewdness, luring, endangering the welfare of a child or manufacturing child pornography in Mercer County, the Law Offices of Proetta & Oliver can help. Child pornography charges, even simply possession, are very serious charges in New Jersey and should not be taken lightly. Depending what aspect of the statute you fall under, child pornography charges can either be a first, second or third degree felony.

If you would have been charged with possessing child pornography in Mercer County, in towns like Hamilton, Princeton, Lawrence, East Windsor, West Windsor, Ewing or Robbinsville, we can help. These are very serious charges and if not handled properly could land a Defendant behind bars for up to twenty (20) years and also force them to register under Megan’s Law for life. If you would like to come into our Mercer County office and speak to one of our attorneys about your options then please contact us at (609) 789-0779. Mr. Oliver’s entire practice is and always has been dedicated solely to defending those accused of crimes, including  the possession of child pornography in courts throughout New Jersey. If you have any questions at all, please do not hesitate to contact us.

Possession of Child Pornography Charges in NJ: NJSA 2C:24-4b(5)(b)

All child pornography charges, whether it be for possession, distribution or manufacturing will be governed by the endangering the welfare of a child statute, which is N.J.S.A. 2C:24-4. Possession of child pornography is governed by N.J.S.A. 2C:24-4b(5)(b), which states in pertinent part that “a person commits a crime of the third degree if he knowingly possess, knowingly views, or knowingly has under his control, through any means, including the internet, an item depicting the sexual exploitation or abuse of a child”. The term child refers to anyone under the age of eighteen at the time of the incident. This aspect of the statute covers the possession of child pornography. As indicated in the statute, this offense is a third degree felony. A third degree felony is punishable by up to five (5) years in a State Prison, fined up to $15,000 and a felony criminal record. Since this offense is a third degree felony, a presumption against incarceration applies. However, that presumption can be overcome by the prosecution if the facts are bad enough. In addition, if the Defendant is caught possessing more than 100 files, the court shall sentence the Defendant to a term of imprisonment. If you have been charged with possessing child pornography in Mercer County, the Law Offices of Proetta & Oliver can help. For a free consultation about your child pornography possession charges please contact us at (609) 789-0779.

Distribution of Child Pornography Charges in NJ: N.J.S.A. 2C:24-4b(5)

Distributing child pornography charges will be governed by N.J.S.A. 2C:24-4b(5)(a), which states in pertinent part:

  • A person commits a crime of the second degree if, by any means, including but not limited to the internet he:
    • Kowingly distributes an item depicting the sexual exploitation or abuse of a child;
    • Knowingly  possesses an item depicting the sexual exploitation or abuse of a child with the intent to distribute that item; or
    • knowingly stores or maintains an item depicting the sexual exploitation or abuse of a child using a file sharing program which is designated as available for searching by or copying to one or more other computers.

This aspect of the statute strictly covers the distribution of child pornography offenses. This offense is a second degree felony. A second degree felony is punishable by anywhere from five (5) to ten (10) years in a State Prison, a fine up to $150,000 and a felony criminal record. In addition, unlike the possession of child pornography charges, this offense does require not only mandatory Megan’s Law registry but Parole Supervision for Life as well. Since this offense is a second degree felony, a presumption for incarceration applies as well. If a Defendant is caught distributing more than 25 items, a parole ineligibility period shall be fixed at, or between ⅓ to 1.2 of the sentence or five years, whichever is greater.

Manufacturing Child Pornography Charges in NJ: N.J.S.A. 2C:24-4b(3)

Manufacturing child pornography charges will be governed by N.J.S.A. 2C:24-4b(3), which states in pertinent part:

  • “A person commits a crime of the first degree if, he causes or permits a child to engage in a prohibited sexual act or in the simulation Oral simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced or reconstructed in any matter including on the Internet or maybe part of an exhibition or performance.”

This aspect of the statute strictly covers the manufacturing of child pornography. This offense is a first degree felony in New Jersey. A first degree felony is punishable by anywhere from ten (10) to twenty (20) years in a State Prison, fined up to $200,000 and a felony criminal record. In addition, just like the distribution of child pornography charges, this offense does require both Megan’s Law registry and Parole Supervision for Life.  Since this offense is a first degree felony, a presumption for incarceration does apply as well.

Child Pornography Lawyers in Lawrenceville in NJ

If you have been charged with possession of child pornography, distribution of child pornography or the manufacturing child pornography, the Law Offices of Proetta & Oliver can help. These are extremely serious charges regardless of the underlying offense. Our attorneys have been defending clients charged with criminal offenses in courts throughout Mercer County, including the Mercer County Superior Court, the Hamilton Municipal Court, the West Windsor Municipal Court, the Princeton Municipal Court, the Lawrence Municipal Court and the Hopewell Municipal Court. If you are interested in speaking to one of our criminal defense attorneys then please contact us at (609)789-0779.