Perhaps some of the most heinous and outrageous crimes we hear about in the news are those related to sexual offenses against children. Unfortunately, some such claims, like those involving child pornography, are sometimes false.
The penalties for child porn offenses are often steep. You might stand falsely accused of creating child porn, allowing your child to be part of child porn, or possessing and distributing illicit materials. Our legal team can help you launch an effective defense to refute these false allegations. When accusations are truly false, it is often easy to poke holes in the accuser’s story. If certain pieces of evidence are harder to refute, we can highlight how your alleged actions do not line up with the criminal elements related to child porn crimes. False accusations often come up in situations involving domestic disputes, child custody, or just plain old petty revenge. No matter what, call a lawyer for help as soon as you become aware of the accusations against you.
If you stand falsely accused of crimes related to child porn, call our criminal defense attorneys at Law Offices of John J. Zarych at (609) 616-4956 and ask for a free review to get started.
Possible Penalties for Criminal Offenses Involving Child Pornography in NJ
Accusations of child pornography, false or not, might lead to extremely harsh penalties. Even if you know that the accusations against you are false, they might not go away on their own. Our child pornography defense attorneys can help you bring the truth to light. Below are a few criminal offenses connected with child pornography and their potential criminal penalties.
Creating Child Pornography
Perhaps someone has wrongly accused you of creating child pornography. This might involve photographing or filming a child engaging in a sexual act or behaving in a sexually suggestive manner. Using a computer or other tools to edit or doctor these materials may also be a crime.
According to N.J.S.A. § 2C:24-4(b)(4), this might be charged as a second-degree crime. According to N.J.S.A. § 2C:43-6(a)(2), a second-degree crime is only one step below the highest criminal charge possible. Second-degree crimes may be punished by at least 5 years in prison but no more than 10 years. If you are facing multiple counts of creating child pornography, you might be looking at several decades behind bars.
Allowing a Child to be Used for Child Pornography
Someone might accuse you of allowing a child in your care to be a part of child porn. For example, someone might call the police and claim that you allowed your child to be photographed engaging in sexual behavior. You might not have been present when this allegedly happened, but you might still be criminally charged. The key is that you must have knowingly allowed this to happen.
Under N.J.S.A. § 2C:24-4(b)(3), this is a first-degree crime, arguably the most serious crime a defendant can be charged with. Such crimes may be punishable by no less than 10 years and no more than 20 years in prison. Again, defendants facing multiple counts of this crime might face a very long time in prison.
Possession and Distribution of Child Pornography
Another possibility is that someone has made untrue accusations that you have pornographic materials depicting children in your possession. Simply having these materials is a crime, even if you had no hand in creating them. Like the crimes mentioned before, your possession must be knowing, not accidental.
Under the law, you may be charged with an indictable crime for possession of child pornography. The exact degree of the criminal charges may depend on the volume of child porn supposedly in your possession. You might be charged with as high as a first-degree crime.
According to N.J.S.A. § 2C:24-4(b)(5), you may also be charged for not only having child pornography but also distributing it or having the intent to distribute it. Again, the crime depends on the amount of alleged child pornography involved.
How to Defend Yourself Against False Accusations of Child Porn in NJ
When accusations are false, the accuser’s story often falls apart quickly. We can work with the police to determine exactly what your accusers said. We can highlight inconsistencies or changing details in their stories to try and undermine their claims. Often, accusers fabricate details, so there is no real evidence that their claims are true, and prosecutors should not press charges based on baseless accusations.
We can also challenge the criminal elements of your specific charges. Many crimes involving child porn involve the defendant knowing what they are doing. If your actions were unknowing, meaning you did not know about the child porn, you might have a strong defense. For example, if a friend or roommate used your computer to download child porn without your knowledge, we can help you fight charges of possession.
It is possible that whatever illicit materials are involved are not actually child porn. There is a difference between photos of a child in a sexual situation and photos of children on the beach in their bathing suits on vacation. Perhaps someone saw these photos and assumed the worst.
When and Where False Accusations of Child Porn Tend to Come Up in NJ
A common situation where false accusation, like accusations of child porn, often come up is a custody dispute. When couples divorce, the process is not always peaceful. Couples are sometimes very bitter and angry, and it is not unheard of for one parent to make false accusations against the other in the hopes of getting full custody of the children.
Even if couples are not divorcing or fighting over custody, domestic disputes sometimes lead to false accusations and lies. One partner might spread lies about the other after a big fight, and suddenly the police are knocking on your door about child porn.
In other cases, it all comes down to petty revenge. Lies are sometimes spread by people you are not even close to. Maybe a neighbor does not like you and called the police to accuse you of having child porn. Maybe a coworker wants to get you fired. Talk to your attorney about who in your life might have a reason to lie about you.
Contact Our NJ Child Pornography Defense Lawyers to Launch an Effective Defense
If you stand falsely accused of crimes related to child porn, call our child pornography defense attorneys at Law Offices of John J. Zarych at (609) 616-4956 and ask for a free review to get started.
