Under New Jersey law, it is illegal to possess, view, distribute, share, receive, photograph or allow a child to engage in child pornography because the images of child pornography are not considered protected speech by the Constitution of New Jersey. It is rather considered as a form of child sexual exploitation. Child pornography can take place on a computer through the use of the internet or a smartphone which is commonly known as sexting.
What is prohibited?
- Allowing or causing a child to engage in any prohibited sexual acts if one knows or has reason to know or knows the act to be filmed either through the internet or as a part of exhibition or performance.
- Producing, photographing or filming a child in a prohibited sexual act.
- Knowingly possessing any item that depicts sexual exploitation or abuse of a child;
- Knowingly distributing an item that depicts sexual exploitation or abuse of a child;
- Knowingly keeping or maintaining child pornography by using a file-sharing program.
Penalties for child pornography in New Jersey
- For first time offender, at least five years jail term for distributing at least 25 images of child pornography and ten years for repeated offenders.
- Anyone convicted of engaging a child in pornography will serve at least 85 percent of their prison term.
- Non-parents and guardians engaging a child in pornography will face charges of first-degree crime.
- Anyone convicted for second and subsequent times for permitting or causing reproduction of child pornography will face extended prison terms.
- Certain convictions may include lifetime parole supervision.
Contact Experienced Sex Crime Defense Attorney
It is very important to have an experienced New Jersey child pornography defense lawyer who understands the issues at play.
When your reputation, your job and your livelihood are on the line, a sex crimes attorney in Jersey City, NJ at the Law Office of Joel Silberman, LLC can assist in investigating and preparing your case. Attorney Silberman and his team can work with the appropriate experts to maximize your ability to obtain a successful resolution of your case.
Please feel free to call our office at 201-420-1913 for further information about conviction of child pornography offenses. You can also send mails at firstname.lastname@example.org.