Child pornography is perhaps the most widespread kind of sex offense in New Jersey. Many individuals don’t know that certain websites are subject to monitoring by the state police. Downloadable applications that access child pornography are sometimes subject to policing. As per the child pornography laws in New Jersey, having sexual contact with a minor is against the law, and the possession of child pornography is fully prohibited.
In this article by the Congdon-Law team, we’ll cover the child pornography laws in New Jersey in detail.
Child Pornography Laws in New Jersey: Fully Explained
The state of New Jersey is very strict about its child pornography laws. You may fall into legal trouble in case of making, selling, and possessing child pornography. Let’s understand it from a better perspective:
1. The Pornographic Depiction of Children
Any material, like digitally altered photos or films that depicts or describes children participating in sexual activity refers to Child pornography. If any accused crosses state or national boundaries while transporting, transmitting, soliciting, or distributing child porn, he or she may be prosecuted federally.
The severity of the punishment depends on the accused age, use of violence, and the kind of sexual behavior.
2. Obscenity:
Obscene material violates social norms, arouses readers’ attention for the wrong reasons, and has no redeeming social, legal, scientific, or religious qualities.
3. Invasion of Privacy:
If you look about or put in a recording device at a place where people have a right to be left alone or have sex, you might face legal consequences as per the pornography laws in New Jersey.
4. Pornographic Revenge:
Criminal and civil penalties may be imposed for the unauthorized disclosure of personal or nude photos of another person.
Consequences of a Conviction Under Child Pornography Laws in New Jersey
There are four levels of severity for indictable crimes in New Jersey that play a very crucial role in deciding the punishments. State Prison Terms for:
- First Degree: 10 – 20 Years.
- Second Degree: 5 – 10 Years.
- Third Degree: 3 – 5 Years.
- Fourth Degree: 3 – 5 Years OR up to 18 months.
A conviction for child pornography usually results in a sentence of imprisonment and a fine, along with the inclusion on the New Jersey Sex Offender List.
Legal Counsel for Sexual Offenses in New Jersey
In New Jersey, if caught and convicted of a non-violent sex crime, you have to face serious consequences. The Crime defense attorneys in the South have decades of expertise in defending clients, which can be easily understood in the following instances:
1. Distribution of Child Porn:
The maximum sentence for this second-degree felony is 10 years in jail. The term distribution refers to the dissemination of pornographic content by any medium, whether it is electronic (email, publishing online), or in person.
2. Megan’s Law Tier Hearing:
A prosecutor will assign an offender to a tier depending on the type and severity of the crime, as well as the projected public danger after the criminal has registered with the local police department.
The extent to which the public is alerted varies depending on the tier. A defendant may request a tier hearing to challenge the prosecutor’s judgment within 14 days of receiving notice of the story.
3. Child Sex Abuse and Exploitation Over the Internet:
Persons convicted of these offenses may face severe consequences. Ineffective defense of online conversations may result in prison time and required registration under Megan’s law.
4. Sexual Harassment or Stalking:
The maximum sentence for a fourth-degree crime like stalking is 18 months in jail. However, under some circumstances, the crime may be elevated to the third degree, with a penalty of three to five years in prison and a lifetime restraining order.
New Child Pornography Distribution Laws in New Jersey
Updates to New Jersey’s child pornography distribution statutes have raised fines for offenders and broadened the range of those who may be prosecuted for distributing such material. There was no such thing as a minimum sentence under the earlier statutes. But under the new laws, anyone guilty could spend at least five years in state jail.
A person who is given a life sentence of parole supervision must also register under Megan’s Law. The minimum age of consent was raised to 18 with the passage of new legislation in 2013.
Conclusion:
In the state of New Jersey, If an adult is involved in the transmission, possession, or receipt of an exploitative photograph of a teenager, the action constitutes child pornography, and the offender should expect to face severe legal consequences.
A regulation implemented in 2012 mandates that, rather than facing criminal charges, minors who email sexually explicit photos or videos to other children must attend a state-run education program. The courses highlight the risks associated with transmitting such images or videos.
