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New Jersey Charge for Exposing Obscenity to a Juvenile
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New Jersey Charge for Exposing Obscenity to a Juvenile
In New Jersey, it is illegal under statute 2C:34-3 for an adult to knowingly distribute or exhibit obscene material to a person under age 18. Even first offenses are considered serious crimes that can lead to years in prison if convicted.
The law prohibits showing or providing obscene content like pornography, lewd images, or graphic sexual descriptions to minors. This includes acts like:
- Showing pornographic videos, magazines, or websites to a minor
- Sending explicit sexual images to a minor electronically
- Exposing minors to live sex acts or nudity
- Giving obscene literature to a minor
If you are facing charges of exposing obscenity to a juvenile in New Jersey, it is essential to retain an experienced criminal defense attorney immediately. An aggressive lawyer can often get charges reduced or dismissed by highlighting flaws in the prosecution’s case.
Penalties for Exposing Obscenity to Minors in NJ
Under statute 2C:34-3, knowingly exhibiting obscene material to someone under 18 in New Jersey is a third-degree crime. Potential penalties include:
- 3-5 years in prison
- Fines up to $15,000
- Parole supervision
- Megan’s Law sex offender registration
In addition, if the minor is under 13, penalties rise to a second-degree crime punishable by 5-10 years in prison. The consequences are severe, so fighting the charges vigorously is imperative.
Defending Against Exposing Obscenity to Minor Charges
While these allegations are serious, an experienced criminal defense lawyer can often build an effective defense by arguing:
- You did not actually show the material to a minor
- The material in question did not meet the legal definition of obscenity
- Mistaken identity (someone else showed the material)
- You reasonably believed the minor was over 18
- The minor obtained the material without your consent
An assertive attorney will work tirelessly to undermine the prosecution’s case by highlighting contradictory testimony, lack of evidence, and credibility issues with witnesses or the alleged victim.
Should I Plead Guilty and Avoid Trial?
Pleading guilty to exposing obscenity to a minor should be an absolute last resort. The long-term consequences of registering as a sex offender are generally not worth giving up your right to fight the charges.
A skilled lawyer may be able to get the charges dropped pre-trial, or negotiate a plea deal to lesser charges if that becomes the best option. But fight the allegations first.
Are Allegations of Just Showing Pornography Taken Seriously?
Absolutely. Any charge of knowingly providing obscene adult content to a minor is treated as a very serious crime in New Jersey. Many people falsely believe such cases won’t be prosecuted aggressively.
The law makes no distinction between showing pornography to a minor versus committing graver physical acts. Never assume “it’s just porn” and ignore the charges. Retain an attorney immediately.
I Wasn’t Aware the Minor Was Underage – What Are My Options?
If you can demonstrate you reasonably believed the minor was over 18, this can potentially help your defense. Your lawyer may argue you lacked criminal intent to break the law.
While not a guaranteed defense, evidence like meeting the minor in an adults-only venue or seeing a fake ID can show you tried to ascertain their age. It provides grounds to fight the charges that may lead to acquittal or reduced penalties.
Conclusion
Charges for exposing obscenity to minors in New Jersey carry severe prison time and sex offender registration if convicted. But an experienced criminal defense lawyer can often negotiate dismissal or acquittal by exploiting weaknesses in the prosecution’s case.
Don’t simply plead guilty and resign yourself to Megan’s Law consequences. There are ways to fight back. An assertive legal strategy focused on reasonable doubt provides the best chance at avoiding conviction and preserving your normal life.
References
[1] New Jersey Statute 2C:34-3