What are the penalties for possessing child pornography in New Jersey?

Penalties for Possessing Child Pornography in New Jersey

Possessing child pornography is a very serious crime in New Jersey that comes with harsh penalties. This article will explain the specific laws, penalties, and defenses related to child pornography possession in NJ.

New Jersey Child Pornography Laws

In New Jersey, it is illegal to possess, distribute, receive, view, share, photograph, or allow a child to engage in child pornography under N.J.S.A. 2C:24-4. A “child” is defined as anyone under 18 years old. The law prohibits possessing real or simulated images depicting the sexual exploitation or abuse of a minor.

Some key points about NJ’s child pornography laws:

• Simply viewing or possessing child pornography is illegal, even if you did not produce or distribute it.
• You can be charged even if you believed the person was over 18.
• Encrypted files count as possession if you have the ability to access them.
• Defenses arguing the material has artistic value are not accepted.

In addition to fines and prison time, those convicted of child pornography offenses typically have to register as sex offenders under Megan’s Law.

Penalties for Possession of Child Pornography

Possession of child pornography is generally a 3rd degree felony in New Jersey. However, penalties can be enhanced based on the number of images/videos possessed:

• 3rd Degree Possession: 3-5 years in prison and a fine up to $15,000.
• 2nd Degree Possession: 5-10 years in prison and a fine up to $150,000 (for possessing 100-1000 images).
• 1st Degree Possession: 10-20 years in prison and a fine up to $200,000 (for 1000+ images).

Unlike most crimes, there is a presumption of incarceration for child pornography offenses in NJ. First-time offenders with no prior record will still likely serve at least several years in prison.

Defenses to Child Pornography Charges

While child pornography charges should always be taken very seriously, there are some potential defenses in New Jersey:

• You did not “knowingly” possess the material – it was placed there by someone else or accidentally downloaded.
• The material does not meet the definition of child pornography under state law.
• You took immediate action to delete the material once discovered.
• The search violated your constitutional rights (illegal search & seizure).

An experienced criminal defense lawyer can review the evidence and determine if any of these defenses apply in your case.

Distribution vs. Possession

Distributing or sharing child pornography carries even harsher penalties than possession in NJ:

• Distribution is a 2nd degree felony with 5-10 years in prison.
• Distribution of 25+ items is a 1st degree felony with 10-20 years in prison.

However, even if you simply make files available for download on a peer-to-peer network, you can be charged with distribution under NJ law.

Dealing with a Child Pornography Investigation

Being questioned or having your home searched in a child pornography investigation can be scary. Here are some tips if it happens to you:

• Remain calm and be polite to investigators, but say you want to speak to a lawyer before answering questions.
• Do not consent to any search of your home, devices, or online accounts without a warrant.
• Hire an experienced criminal defense lawyer immediately to protect your rights.
• Follow your lawyer’s advice about whether to participate in police interviews and how to respond to the charges.

With an aggressive defense, it may be possible to get charges reduced or even dismissed in some cases.

Getting charged with possession of child pornography in New Jersey is extremely serious. Even first-time offenders typically face multi-year prison sentences and sex offender registration. Having an experienced criminal defense lawyer is critical to challenge the charges and attempt to minimize penalties. If you or a loved one is being investigated for child pornography, do not delay in seeking legal counsel.

Here are some relevant penal codes for pornography laws in New Jersey:

Federal Law

• 18 U.S.C. § 2251 – Sexual exploitation of children (production of child pornography) 
• 18 U.S.C. § 2252 – Certain activities relating to material involving the sexual exploitation of minors (possession, distribution, receipt of child pornography) 

New Jersey State Law

• N.J.S.A. 2C:24-4 – Endangering Welfare of Children
  • Third degree crime for possession of child pornography
  • Second degree crime for distribution of child pornography
  • First degree crime for production/manufacturing of child pornography
• N.J.S.A. 2C:14-3 – Criminal Sexual Contact
  • Covers various sexual crimes involving minors
• N.J.S.A. 2C:14-2 – Sexual Assault
  • Includes aggravated sexual assault against minors under 13

The sources indicate that New Jersey has very strict laws regarding child pornography, with harsh penalties even for possession. Convictions can lead to long prison sentences, large fines, mandatory sex offender registration, and parole supervision for life. An experienced criminal defense attorney is critical when facing such charges.