Child Pornography as a State Charge:
Possession of Child Pornography in NJ is a serious criminal offense. The penalty for which will depend on 2 factors:
1) the amount of items, pictures, and videos you have and
2) Whether you distributed these pictures etc. to another party.
Possession of child pornography includes, all ways of possession of actual pictures, data and film to simply a blind downloaded of a file on your computer. For a Distribution charge you needed to both possess and share the items. However, sharing does not mean that you knew who or where these items/files went to, just that they could have been shared because you had a file sharing program. The state does not need to prove you actually knew who these items were going to or that they went to another person, only that they had the potential to go to other parties. Thus, the most common way the State proves these charges is show that the defendant used a filing sharing site or program/browsers such as TOR, Brave or I2P.
Child Pornography as a Federal Charge (18 U.S. Code § 2256):
The Possession and or Distribution of Child Pornography can also be a Federal Charge at the same time you are charged with the State Charge even for the same pictures! Thus you can be charged twice for the same action. The Federal law appears to be broader not just outlawing the viewing or taking of photos, filming, or otherwise generating images that involve a child engaged in sexual acts. It is can involve the action of modifying or altering any existing photos so that it appears to suggest that a child is involved in sexual activity even if the child was never naked or involved in the sexual act only that for example: a child who is naked being photographed or recorded in a “sexually suggestive” way.
Rule of Thumb in Child Pornography Cases:
No Privacy Exists on the Internet: No matter what browser, private file sharing or encryption program you use the State and Federal Government can see what your doing if they want to make that effort.
New Jersey Penalties for Possession of Child Pornography in NJ is Generally Based on the Number of Images, Files, Movies etc,. the defendant is in possession of:
Possession of Less than Images
100 Images: Crime of the 3rd Degree punishable by 3 to 5 years in jail and up to $15,000 fine. (First Offense Penalties)
Possession of Over 100 Images but less than 1000
Crime of the 3rd Degree punishable by 3 to 5 years in jail but jail time is mandatory even for first time criminal offenders and up to $15,000 fine. (First Offense Penalties)
Possession of Over 1000 Images
Crime of the 2nd Degree punishable by 5 to 10 years in jail and up to $150,000 fine (First Offense Penalties)
You Could Win - Even if Guilty!
Using the most modern and aggressive legal tactics available, we can find the mistakes that other lawyers may miss in your child porn case. One small error on the part of the police or prosecutor could make the difference in reducing the grade of your charge or even getting you a not guilty verdict. The police and prosecutors, due to high workloads, make mistakes every day. We put these mistakes to your advantage to get you the not guilty verdict you need to win. Every case has a defense. You just need a lawyer competent enough to find the best defense to win, reduce, downgrade, or eliminate your charge.
- Don’t Give Up Even If Guilty.
- Your Fight Is Our Fight.
Hopeless case are not hopeless when you have the right lawyer on your side. Its not necessarily what you did but maybe what the State did wrong. Attorney Aalsberg has won cases other lawyers have called hopeless. Attorney H. Scott Aalsberg, Esq., the head of our law firm, is a Nationally Recognized and Respected Criminal Lawyer. Attorney Aalsberg has been interviewed or appeared on ABC News 20/20, CBS News, NBC News, and local, new sources, including the NJ Star-Ledger, Asbury Park Press, because he gets results. It is essential for your lawyer not just to be respected by you, but by his peers and feared by the prosecutors and law enforcement. Put Attorney Aalsberg's success to work for you!
Possession or Distribution of Child Porn:
8 Important Points to Know if You Have a Child Pornography Charge:
1) A child porn video is considered multiple images and is generally considered to be 10 images no matter how short.
2) Each depiction of the picture will be considered a separate item even if the same or similar image to something previously downloaded on a different day or time
3) The court shall aggregate all items involved whether the possession of such items occurred at the same time or at a different time
4) A rebuttable presumption exists that the person is under 18 years of age if the person in the picture/image is depicted as a person being under the age of 18. Thus a violation of this law can be found even if the person in the picture is over 18 unless you can prove otherwise.
5) The defendant is strictly liable (no defense) if the child who is depicted as engaging in, or who is caused to engage in, prohibited sexual act or simulation of a prohibited sexual act or portrayed in a sexually suggestive manner is under the age of 18. Furthermore, it shall not be a defense that the actor did not know that the child was under the age of 18, nor is it a defense that the actor believed that the child was 18 year of age or older, even if such a mistaken belief was reasonable.
6) If the person has a prior child endangerment charge for possession or distribution of child porn that person will be sentenced to a longer term of imprisonment than noted above under N.J.S.: 2C:43-7
7) Criminal penalties have been summarized and can include megan's law supervision, treatment at the New Jersey Adult Diagnostic and Treatment center in Avenel commonly called Avenel and the 13 other penalties listed here
8) It is important to start your defense early. As soon as you feel or know you may be arrested or charged its time to setup a consultation. We may be able to prevent or lessen the charges that are filed against you, but if you don't start early you will lose this advantage. Call our office at 1-800-9-RIGHTS and setup a consultation. The call is free the results and information you learn may be priceless.