Few criminal charges can send you to prison longer and damage your reputation as much as those for child pornography possession. It is imperative to contact our lawyers as soon as you are charged to start your defense.
A conviction for possessing child pornography can result in years behind bars. But when possession is charged, it is likely distribution charges will also be included, exposing the defendant to increased penalties. Moreover, the federal government can also step in to prosecute violations in addition to the state’s case. Besides the official punishment, societal costs for such an accusation can also be severe. Our team can help by showing that you did not knowingly possess the material or expunge an arrest record if you were falsely accused and acquitted or found not guilty.
For a free, private case assessment with our child pornography possession defense lawyers, call the Law Offices of John J. Zarych immediately at (609) 616-4956.
Potential Penalties for Child Pornography Possession in Hamilton Twp, NJ
Possessing child pornography is one of the most serious crimes that can be accused of, as it carries significantly harsh penalties, both legally and socially. An arrest for this crime without a conviction can alter your life and reputation around the community, even if the accusations turn out to be false. Our child pornography possession defense attorneys can help mitigate the damage by aggressively defending your case and determining if the prosecution has the evidence for the crime they are charging you with. It is not uncommon to face distribution charges if you are charged with possessing child pornography, which usually carries much higher penalties.
The degree of the penalty will typically depend on the extent the defendant was involved in the production and possession of the material. Suppose they actively created it or arranged for a child to be involved in producing it. In that case, the defendant will usually be charged with a first-degree indictable crime, which is the equivalent of a felony in other states. Possessing it can be charged as a first or second-degree crime, depending on how many images are included in the case. Defendants might even have charges filed against them by the federal government and will be placed on the NJ sex offender registry if convicted.
After individuals serve their sentences for any of the below crimes, their lives are rarely the same, making it imperative to have our team defend your case. Community gossip can make living a normal social life nearly impossible, and getting a job can also be extremely difficult. If you were not convicted, though, we can help try to expunge the arrest from your criminal record.
Possessing Child Pornography
Having child pornographic materials in one’s possession will result, at a minimum, in possession charges, even if the accused did not make them. However, “possession” can include viewing, receiving, or otherwise having under your control any image of child sexual exploitation, whether physically or through the Internet.
The degree of the charge for possessing child pornography will depend on the number of images in the accused’s possession. According to N.J.S.A. § 2C:24-4(b)(5)(b)(i), a person will be charged with a first-degree crime if they knowingly possess, view, or control 100,000 or more items of child pornography. If the defendant is accused of possessing less than 100,000 items but more than 1,000, they will be charged with a second-degree crime under § 2C:24-4(b)(5)(b)(ii). A person charged with possessing less than 1,000 items will still face third-degree indictable crime charges, as per § 2C:24-4(b)(5)(b)(iii).
When the possession case involves 100 or more child pornography items, the court will sentence the defendant to prison unless the defense can show that imprisonment would be a serious miscarriage of justice based on the defendant’s character and condition.
Distributing Child Pornography
When someone is charged with possession of items of child exploitation, distribution charges are commonly added. Under § 2C:24-4(b)(5)(a), a person can be charged with distribution if they knowingly distribute child pornography, have the intent to distribute items, or knowingly store items on a file-sharing program on a computer that others can search. In cases where the items are on a file-sharing program, a person can still be guilty of distribution regardless of whether someone searched for the item or did not intend to distribute it to someone who had.
It is a first-degree crime if the case involves 1,000 or more items of child pornography. If the defendant is charged with less than 1,000 items in their possession, it is a second-degree crime.
However, each degree carries mandatory prison time without the eligibility for parole. Suppose a person is convicted of an offense involving 1,000 or more child pornography items. In that case, their minimum prison sentence will be one-half or one-third of the sentence the court imposes or 10 years, whichever is longer. A person whose offense involves more than 25 but less than 1,000 items will still face a minimum of one-third or one-half of the court’s sentence or five years, whichever is greater. Second or subsequent offenses will usually be punished with even longer minimum prison sentences.
Permitting Child Pornography
According to § 2C:24-4(b)(3), it is a separate first-degree crime to permit or cause a child to engage in child pornography. This means the defendant knew or had reason to know that a child was being photographed, filmed, or otherwise recorded for the purposes of sexual exploitation or to portray them in a sexually suggestive manner. Permitting or coercing a child into these acts can also be used as evidence to distribute the items later.
Convictions for a first-degree charge of this crime could also result in a minimum 10-year prison sentence or up to 20 years, which is why it is critical to start your defense immediately. It is easier than people think to get falsely accused of this crime and get wrapped up in a criminal investigation. Someone might claim you were there when it happened when you actually have alibis for your whereabouts at that time. An experienced defense attorney can help show that you neither knew nor had reason to know that the crime was occurring.
Photographing or Filming Child Pornography
Creating the child pornography by photographing or filming it is a separate charge under § 2C:24-4(b)(4) and can result in a second-degree conviction. It does not matter what device is used to capture the items or if they are reproduced or reconstructed. A person can also be charged with this crime if the child is poised in a sexually suggestive manner, in addition to items depicting prohibited sexual acts. As mentioned above, a conviction for a second-degree crime typically carries a minimum prison sentence of five years without the eligibility for parole.
Federal Penalties
You might be familiar with the concept of “double jeopardy,” in which a person cannot be charged and punished for the same crime twice. While this is generally true, it only applies when the same jurisdiction is attempting to charge you for the same crime on the same set of facts. For example, Hamilton Township prosecutors cannot charge you for possessing child pornography, get a conviction, and turn around and try you again to compound the penalties.
However, no such double jeopardy rule exists between two separate jurisdictions where a crime has been committed. Each jurisdiction has the right to enforce its laws and prosecute crimes that violate them. As such, it is possible that the federal government could prosecute you for possessing child pornography after you have been tried and convicted by NJ state prosecutors for the same crime.
Federal law also prohibits knowingly possessing, creating, and distributing items of child exploitation under 18 U.S.C. § 2251 and § 2252A. Federal charges can only follow, though, if interstate or foreign commerce is used or impacted during the commission of the crime. However, using the Internet or mail when child pornography possession is involved is all it takes to give the federal government jurisdiction and bring down its wrath. Transactions and activity on the Internet are considered part of interstate and foreign commerce, so child pornography cases generally fall under federal jurisdiction, even though states also have a right to prosecute.
Depending on the circumstance, first-time offenders could face a minimum of 10 years in prison and up to 20 years under § 2251(d). If it is a second offense, a defendant could face federal penalties of between 15 and 30 years in prison. For two or more offenses falling under federal jurisdiction, the penalty increases to 30 years to life.
As you can see, this can significantly increase a person’s time in prison if tried by both jurisdictions. Not only because of the serious jail time under federal laws but because state and federal penalties do not have to run concurrently, meaning that you could serve your state mandatory sentence, only to be released to federal authorities to begin your federal prison sentence.
Registration of Sex Offenders
Problems for those arrested or convicted of possessing child pornography usually do not end once the case is resolved or the sentence is served. Those convicted of child pornography charges will be placed on the NJ registration of sexual offenders, according to § 2C:7-2. This can impact where you live, what jobs you can apply for, and your social standing in the community since the sex offender registry is public information.
While a conviction for possessing child exploitation items cannot be used against a person when purchasing insurance, applying for a loan, seeking educational scholarships, or getting housing accommodations under § 2C:7-16(c), it can harm their employment opportunities. Employers can absolutely discriminate against hiring someone with a child pornography conviction. Employers might not ask you about it directly but will commonly do a criminal background check after an interview. If they see a conviction or arrest for child pornography, it is unlikely they will move forward with the hiring.
In some cases, you were not convicted but only arrested on suspicion of a crime. Unfortunately, an arrest can also show up on a background check if it has not been legally erased from the record. According to § 2C:52-6(a), if a person has their case dismissed, is acquitted of the crimes, or is the case discharged without a finding of guilt, the court should order the expungement of the information and arrest relating to the crime.
However, the removal of these records does not always happen when someone is acquitted or found not guilty of the charges. Our lawyers can help file a motion with the court if they erroneously forget to order the records expunged so that they do not show up during an employer’s criminal background check.
Social Penalties
The social penalties for even being accused of possessing child pornography can be profound. Neighbors and the community gossip, and while there might be nothing to be done about this, you can limit the damage by defending your case from the moment charges are filed. As mentioned, waiting will not just harm your standing in the community, but it can also make it difficult to find employment even when the arrest has been expunged from the record because an employer will not want someone who jeopardizes their position in the community. All the more reason to get your defense started immediately with our experienced legal team.
Situations that Commonly Give Rise to Accusations of Possessing Child Pornography in Hamilton Twp, NJ
Accusations of child pornography possession tend to come about in a few ways to might lend credence to a defendant’s innocence.
Some accusations are made out of revenge for a failing relationship, like a divorce or breakup. In other cases, high school and college students are charged for having nude photos of themselves or other students. Our team can gather evidence to determine what the facts are. In cases of youthful indiscretion, NJ usually offers diversion programs so that young people are not hit with the full charges and consequences discussed above.
Call Our Child Pornography Possession Defense Attorneys in Hamilton Twp, NJ Today for Help
Contact the Law Offices of John J. Zarych at (609) 616-4956 for a confidential and free case review from our child pornography possession defense lawyers.
