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New Jersey Pornography Laws

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New Jersey law criminalizes possessing or disseminating depictions of child abuse and exploitation and using file-sharing programs to store such content.

To be found guilty of child pornography, it must be demonstrated that you knowingly had, viewed, or controlled sexually exploitative images for children under 18. This includes revenge porn that’s often distributed to humiliate an ex-partner.

Possession

New Jersey has some of the most rigid pornography laws in the nation, and possessing or sharing child pornography can result in severe penalties, including jail time, fines, and criminal records. Possession can even require mandatory registration as a sex offender for life. With technology making creation and distribution more accessible than ever, creating or sharing explicit images of children is becoming more accessible; any conviction for such an offense could prove devastating to both reputation and career opportunities.

Child pornography, according to federal law, refers to any visual image, video file, or computer file depicting the sexual exploitation of someone under 18 years old. It is illegal for anyone under 18 years old to own, view, share, photograph, film, or produce child pornography material and engage in such acts themselves or allow any minor who falls within this definition to engage in any child pornographic acts themselves. A minor can be defined as anyone considered under 18.

Possession of this type of material can be charged as either a third or second-degree crime, depending on who receives it from whom and the intent to distribute it. A minor who receives photographs or videos showing naked bodies from another minor or adult could face third-degree charges and up to five years in juvenile hall. A child who possesses these materials intending to be dispersed may face second-degree charges with up to ten-year sentences in jail.

Parents, caregivers, and other adults who permit minors in their care to create child pornography may face criminal charges of the third degree; when produced or possessed with intent for distribution purposes, this charge becomes second-degree and could lead to jail time in many States. Promoters or distributors of child pornography could even face State prison time as penalties.

Ms. Breslow is adept in representing those accused of child pornography or other sexual crimes involving children in both State and Federal courts in New Jersey, such as Monmouth, Middlesex, Ocean, Essex, and Bergen counties. She can provide clients with an outstanding defense, including sexting charges, distribution, and possession. In doing so, she gives them a thorough explanation of the evidence and possible options.

Distribution

New Jersey law makes sexually explicit material of minors illegal, and possession is punishable with stiff prison sentences and lifelong stigmatism for offenders. Therefore, those facing child pornography charges should retain an experienced sex crimes attorney to defend them.

New Jersey Statute 2C:24-4b makes it illegal to distribute or possess with intent to distribute depictions of sexual abuse, exploitation, or pornography of children. This includes photos or videos, computer programs, or files depicting these forms of misconduct – such as rape, anal intercourse, masturbation, cytotoxin use, bestiality, sadism, masochism, fellatio, and cunnilingus nudity. Also prohibited is using peer-to-peer networks to distribute these types of materials.

Even if you intended to send images to someone under 18, violating Megan’s Law could result in arrest. Many such cases involve sexting – sending sexually explicit digital photos or videos directly to minors under 18. A conviction of this crime can result in jail time, steep fines, and registration on Megan’s Law which will remain with you throughout your lifetime.

Child pornography can also be considered illegal when seen or shared; this includes photos or videos and computer programs and files. People who publish or distribute intimate or nude photographs in public areas can face criminal invasion of privacy charges; however, this doesn’t apply if people filming you without your consent are filming you without knowing you; for example, a couple photographed by strangers without their knowledge may not face such charges due to no expectation of privacy in a public setting like beaches.

To avoid conviction, a defense strategy must be devised. Mistakingly believing someone depicted in pornographic material was over 18 cannot be used as an acceptable defense; however, if someone thought the image wasn’t sexually explicit, this might be.

Manufacturing

New Jersey law enforcement agencies have vigorously campaigned against child pornography over the past couple of years, revamping their investigative techniques and arresting individuals for possession, distribution, and manufacturing of child pornographic materials.

State child pornography laws are very stringent, with penalties that can be harsh if found guilty. You could face first-degree felony charges for possessing any item which depicts sexual exploitation of children – this includes photos, videos, computer files, or programs or video games showing people under 18 engaging in sexual activities – this crime carries between ten and twenty years in jail as well as being recorded as such on Megan’s Law registry.

New Jersey also prohibits promoting pornographic material, as this violates both state child pornography laws and free expression rights in this country. Watching or listening to such material in public places, such as your car, could constitute a fourth-degree criminal offense and land you behind bars for watching in such settings with others present.

If you are caught downloading or distributing child pornography across state lines, federal statutes could prosecute instead of state ones. They could result in harsher punishment, such as lengthy jail terms and substantial fines.

New Jersey lawmakers recently passed a bill to strengthen its child pornography laws, making them much more challenging than they had been previously. The measure passed both houses of the legislature. Gov. Chris Christie signed it into law, making possession, distribution, or manufacture of child pornography illegal, and any conviction for such offense subject to Megan’s Law registration and parole supervision for life.

Sexting

New Jersey law considers any sex images depicting people under 18 as child pornography and can result in jail time, fines, and criminal records for those caught possessing child pornography. Any violation can result in jail time and penalties, as well as being classified as child pornography by law enforcement officials. Sharing or having sexually explicit photos of children online also falls under this umbrella, including those shared via text messaging, social media platforms, or email. It is vitally important that parents teach their children about sexting and its potential dangers. Teach them the “What Would Grandma Think?” rule – if something wouldn’t pass muster with her, don’t send it! Also, discuss ways they can become responsible digital citizens, such as obeying all relevant sexting regulations.

New Jersey also imposes stringent laws regarding the distribution of adult pornography, making viewing it in public places such as parked cars illegal and even violating privacy or revenge pornography prohibited – possibly leading to legal consequences.

Possession of child pornography is a serious offense punishable by up to 20 years in state prison and a $200,000 fine. Furthermore, offenders must provide a sample of their DNA to register with Megan’s Law registry – this database allows law enforcement officials to keep tabs on them and identify them later.

New Jersey law regarding sexual crimes involving minors can be some of the toughest in the country. Therefore, your children must understand the dangers of sexting, including its ability to lead to felonies. Furthermore, inform them about your state’s laws on this topic and potential repercussions. Educate your kids on using password-protected phones that don’t share passwords – this will protect them from cyber bullies and sextortion; additionally, teach them not to post sexually explicit images online.