New Jersey Child Pornography Laws

While there are strict federal laws prohibiting the possession, production, and distribution of child pornography, there are also state laws against this behavior. Every state, including the state of New Jersey, has specific child pornography laws.

When compared to other states, New Jersey law enforcement agencies have dedicated significant resources toward combating child sex crimes. The number of child pornography arrests in New Jersey has increased 74% since 2020. The penalties for the possession of child pornography are some of the harshest in the country and include lengthy prison sentences, hefty fines, and mandatory sex offender registration.

This article explores and explains New Jersey‘s child pornography laws, including the penalties and defenses to this crime. If you’re facing child pornography charges, consider contacting a New Jersey criminal defense attorney to discuss your options. They can explain the charges against you and help to build a defense based on the unique facts of your case.

How Does New Jersey Law Define Child Pornography?

It is illegal under New Jersey law to possess, view, distribute, share, receive, produce, or allow a child to engage in child pornography. New Jersey lawmakers treat child pornography as a form of child sexual exploitation.

With near-global use of the internet today, lawmakers have amended child pornography laws to address the creation, viewing, and distribution of pornographic material involving a child. These laws also recognize the dangers of activities such as “sexting” and file sharing.

New Jersey’s statutes refer to child pornography as an “item depicting the sexual exploitation or abuse of a child.” This is further defined as any film, video, photograph, image, or electronic/digital recording that depicts a child taking part in or simulating a prohibited sexual act, or portrays a child in a sexually suggestive manner.

The following are considered prohibited sexual acts in child pornography cases under New Jersey law:

• Sexual intercourse
• Anal intercourse
• Masturbation
• Bestiality
• Sadism
• Masochism
• Fellatio
• Cunnilingus
• Penetration
• Nudity, if depicted to sexually stimulate or sexually gratify the viewer

A “child” is any person under 18 years of age.

The current child pornography laws in New Jersey are broad in defining child pornographic material. If facing charges, it’s a good idea to meet with an experienced local criminal defense lawyer as soon as possible to discuss your case.

Child Pornography Charges in New Jersey

The following section highlights the main provisions of New Jersey‘s child pornography laws, found in N.J.S.A. §2C: 24-4 et seq. Below, we outline the various child pornography offenses and the penalties for these child pornography crimes.

Child Endangerment

A person is guilty of endangering the welfare of a child if they cause or allow a child to engage in any prohibited sexual act. If the defendant was the child’s parent or in a position of care for the child, the state will charge them with a second-degree crime. Any other individual who violates this law is guilty of a crime of the third degree.

Producing, Photographing, or Filming

This crime involves photographing or filming a child who is engaging in or simulating a prohibited sexual act. These are first-degree crimes and carry lengthy prison sentences and hefty fines.

A person who knowingly possesses an item depicting sexual exploitation or the abuse of a child faces possession of child pornography charges. The specific charges are as follows:

• Possession of 100,000 or more images or depictions: Crime of the first degree
• Possession of 1,000 to 99,999 images or depictions: Second-degree crime
• Possession of fewer than 1,000 images or depictions: Third-degree crime

Images can be digital or physical.

Distribution of Child Pornography

A person is guilty of this crime if they knowingly distribute material depicting the sexual exploitation or abuse of a child. If the state convicts a person of possession of child porn with the intent to distribute more than 1,000 depictions, the person is guilty of a first-degree crime. The state treats any child pornography case involving fewer than 1,000 depictions or images as a second-degree crime.

File Sharing Programs

An individual commits this crime if they knowingly store or maintain child pornography using a file-sharing program. This crime falls under the distribution of child pornography offense, and the degree of the crime depends on the total number of images or depictions the defendant has on their computer.

Potential Penalties

The penalties for a child pornography crime depend on the degree of the crime. The following penalties apply to child pornography offenses in New Jersey:

• First-degree child pornography: Up to 20 years in prison and fines of up to $200,000
• Second-degree child pornography: Between five and 10 years in state prison and fines of up to $150,000
• Third-degree child pornography: Between three and five years in state prison and fines of up to $15,000

An offender faces enhanced penalties if they have a prior conviction for child pornography. There are also mandatory minimum sentences for the above crimes. Enhanced penalties can include:

• Some defendants must serve at least 85% of their prison term (No Early Release Act)
• Extended prison terms for anyone convicted of a second or subsequent offense of permitting or causing the reproduction of child pornography
• Possible parole supervision for life in certain child pornography cases

Every person guilty of a child pornography offense in New Jersey must register as a sex offender under Megan’s Law.

Possible Defenses Against Child Pornography Charges

Your criminal defense attorney may raise any of the following defenses to child pornography charges:

• Lack of knowledge that the pornographic materials involved a minor
• The defendant viewed the child pornography materials for educational or scientific value
• The person depicted in the pornographic material was not under 18 years of age
• Unlawful search and seizure
• Invalid search warrant
• Entrapment

The First Amendment generally does not protect child pornography, so freedom of speech will usually not be a valid defense to these charges.

Talk to an Experienced New Jersey Criminal Defense Lawyer

New Jersey‘s child pornography laws are complex. If you’re facing criminal charges for possession or distribution of child pornography, you should contact an experienced New Jersey criminal defense attorney for legal advice.

Not only do these crimes carry significant penalties, but a conviction will stay on your permanent criminal record. You will also have to register as a sex offender. An experienced child pornography defense lawyer will help challenge the state’s case and work toward achieving an acquittal or a favorable plea bargain.

Contact a criminal law attorney to schedule your initial consultation. Things move quickly after your arrest, and it’s vital to have an experienced attorney by your side.