Trial Lawyers

Cherry Hill Child Pornography Lawyer

Child Pornography

The internet has not only brought about easy photographic transmission and anonymity; it has also resulted in a deluge of child pornography cases around the country. Child pornography can be any image, photo, video, computer program or file that depicts children engaging in sexual acts. Most federal child pornography charges have minimum sentence requirements, and defendants who are convicted could face years in prison. In many cases, government investigators trace illegal images to an IP address, which prompts police officers to conduct a search, and child pornography is then found on a suspects’s computer. If you are being investigated for child pornography, it is essential that you refrain from speaking to any law enforcement officers until you have discussed your situation with an experienced child pornography defense lawyer. Those who try to talk their way out of trouble without the advice of a knowledgeable attorney could inadvertently solidify the prosecution’s case.

Child pornography charges can include-

  • Possession of child pornography- Anyone who knowingly possesses or view child pornography , whether online or otherwise, may be charged with possession of child pornography in New Jersey and could face up to 18 months in jail and up to $10,000 in fines.
  • Distribution of child pornography- People convicted of child pornography distribution could face 5-10 years in prison and up to $250,000 in fines. Three different scenarios can lead to distribution of child pornography charges: (1) An adult causes or allows a child to engage in sexual acts for the purpose of creating pornographic images, photos or videos. (2) A person acts as a photographer or videographer in the creation of child pornography. (3) A person receives child pornography for the purpose of selling, or  he or she sells, transfers, publishes, distributes, circulates or exhibits the material.
  • Sexting- New Jersey teens who send sexually explicit or nude photos via text or other electronic communication can be charged with child pornography if they are under the age of 18. For example, if a 15-year-old girl takes a topless photo of herself and texts it to her 16-year-old boyfriend,  they both could be charged with child pornography and subsequently could face detention or incarceration and mandatory sex offender registration. The same is true for teens who post nude selfies or other sexually explicit images depicting minors online or on social media. New Jersey does, however, have a teen sexting law in place which gives the court the discretion to determine whether or not a teen sexting case will be prosecuted. Under this diversionary law, a judge could decide to halt child pornography charges and order counselling and/or education for the defendants instead.
  • Promoting obscene material- Since technology has made explicit images and videos readily available, there has been a sharp increase in the number of defendants charged with promoting obscene material in New Jersey. In New Jersey it is a crime to show, sell or distribute to a minor at any photo, image or video that is sexual in nature and could be considered obscene if the defendant is at least four years older than the minor.

It is important to realize that although it is classified as a non-violent crime,  penalties for a conviction for child pornography could include lifetime registration as a sex offender.

These cases can be complex, and oftentimes a defendant who is charged with child pornography may have inadvertently landed on a website which law enforcement is tracking. In some cases a person charged with child pornography is actually an innocent victim of a sting operation. More so than most other non-violent criminal convictions, a conviction for child pornography will drastically impact your family life, career and social life. If not effectively defended, it could taint your reputation forever.

Kahn, Gigliotti and Associates are highly experienced South Jersey child pornography defense lawyers with the knowledge and skills necessary to challenge every aspect of the state’s case against you, and formulate an effective legal defense. Most importantly, our team will carefully and correctly evaluate your options. Whether the resolution of your case should be a trial or a plea agreement, be assured that it is a decision which will be made intelligently and mutually.

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