If you are charged with the possession of child pornography, you might be in for a very tough legal battle. These charges are not taken lightly, and our team can help you protect your rights and defend yourself.
To be charged with possession of child pornography in New Jersey, you must be found to have illicit pornographic items depicting children under your control, and your possession should be done knowingly, meaning you should be aware of what you are doing and what you have. Depending on the circumstances, prosecutors might try to charge you with possession with the intent to distribute. As you probably know, the penalties for possession of child pornography are incredibly harsh. Convicted defendants often spend years in prison and must register as sex offenders. Penalties might be even harsher for repeat offenders. How we build a defense for your case may depend on how the police seized the evidence and whether there is enough evidence for the prosecution to meet their burden of proof.
For a free case review with our child pornography possession attorneys, call the Law Offices of John J. Zarych at (609) 616-4956 as soon as possible.
How Someone Might Be Charged with Child Pornography Possession in Cape May
Criminal charges for the possession of child pornography can be found under N.J.S.A. § 2C:24-4(b)(5)(b). This is a rather large statute that pertains to various criminal offenses involving child pornography and other offenses involving endangering the welfare of children.
Possession includes receiving, viewing, or having under your control items depicting child pornography. This includes digital items obtained through the internet, like photos and videos. Our child pornography possession lawyers can help build a defense if certain criminal elements of possession are missing from your case.
You might also be charged under N.J.S.A. § 2C:24-4(b)(5)(a) for the alleged distribution of child porn or possession with the intent to distribute. This tends to be a more serious offense. Charges are often measured by how many illicit items (e.g., photos, videos, digital files) are involved. Distribution or possession with the intent to distribute usually requires fewer items to be charged with severe indictable crimes.
To be charged, you must knowingly possess an item depicting the sexual exploitation or abuse of a child. This might involve knowingly storing or maintaining materials or items showing sexual abuse or exploitation of a child, such as physical media, files on your computer, or files in a file-sharing system.
Potential Legal Penalties for People Convicted of Child Pornography Possession in Cape May
Criminal charges for the possession of child pornography and other offenses related to child pornography are famous for being very harshly punished. Many of these offenses, if not most of them, are charged as first-, second-, or third-degree indictable crimes. In other states, these types of charges might be considered serious felonies.
Under N.J.S.A. § 2C:43-6(a), a first-degree crime may be punishable by at least 10 years in prison and up to 20 years. A second-degree crime may come with a prison term of no less than 5 years but no more than 10. A third-degree crime may be penalized with a prison term of at least 3 years but less than 5 years.
Possession of Child Pornography
If a defendant is found guilty of possessing at least 100 items of child pornography, the court is required to impose a prison term unless doing so would be a serious injustice that outweighs the need to deter future criminal behavior. What is considered an injustice may be based on the character and condition of the defendant.
It is a first-degree crime to be in possession of 100,000 items of child pornography. It is a second-degree crime to be in possession of at least 1,000 but less than 100,000 items of child pornography. It is a third-degree crime to be in possession of any amount of child pornography less than 1,000 items.
Charges for possession of child porn tend to involve very large amounts of illicit materials. The internet has made it very easy for people to download this kind of content, and charges for first-degree crimes are not uncommon.
Possession with the Intent to Distribute
Depending on the factors surrounding your case, the police and prosecutors might believe you not only had possession of child pornography but intended to share it with others. Such a violation involving 1,000 items of child pornography or more may be charged as a first-degree crime. Violations of less than 1,000 items may be charged as second-degree crimes.
If an offense involves at least 25 items of child porn but less than 1,000, a convicted defendant may be sentenced to a mandatory minimum sentence set somewhere between one-third and one-half of the total sentence or 5 years, whichever is longer. A convicted defendant is ineligible for parole during the mandatory minimum sentencing period.
The mandatory minimum sentencing for convicted defendants involving 1,000 items of child porn or more is more severe. Such a defendant may face a mandatory minimum period of one-third to one-half the total sentence or 10 years in prison, whichever is longer.
Subsequent Convictions
A defendant convicted of a subsequent violation for a first-degree crime involving the possession of child porn may be sentenced to an extended prison term under N.J.S.A. § 2C:43-7(2) of 20 years to life.
A defendant convicted of a subsequent second-degree crime for child pornography possession may face an extended prison term of at least 10 years but no more than 20 years.
How to Defend Yourself Against Charges for Child Pornography Possession in Cape May
First, we should question whether the evidence was illegally seized. It is extremely difficult for prosecutors to build a case for the possession of child porn if there is no evidence of actual pornography. As such, the police are keen to search private property, computers, and phones for evidence. If the police conducted their search without a warrant or some other legal exception to the warrant rule, they might be in big trouble. Evidence seized this way should not be used against you, and we can work to exclude it from your trial.
Was the alleged possession unknown to the defendant? Possession must be done knowingly to sustain a conviction. Often, defendants were not aware that child pornography was in their homes or on their computers. Someone else, like a friend or roommate, might have downloaded child porn on your computer without your knowledge. Alternatively, some people accidentally download child porn by clicking suspicious links or using dubious websites.
Did you take steps to destroy or remove the illicit materials once you became aware of their existence? Did you reach out to law enforcement to report the illicit materials? Doing these things might help prove that you did not knowingly possess items of child pornography.
Contact Our Cape May Child Pornography Possession Attorneys for Help Now
For a free case review with our child pornography possession attorneys, call the Law Offices of John J. Zarych at (609) 616-4956 as soon as possible.
