Certified Criminal Trial Attorney

Child Pornography

New Jersey Child Pornography Charges Lawyer

Experienced Criminal Attorney Helps Clients in Camden County, Gloucester County, Burlington County, Atlantic County, Salem County, Mercer County, Cape May County, and Throughout NJ

The laws in New Jersey regarding child pornography are very clear and very strict. It is illegal to possess, download, view, or distribute sexually explicit images or videos of any person under the age of 18, not just 16. See 2C: 24-4(b). Moreover, New Jersey law holds people who possess or distribute child pornography strictly liable for their actions, even if they don’t realize that the persons in the materials they are downloading or distributing are under the age of 18. Most importantly, if you use a file-sharing program such as Freenet or Napster, you will be held accountable for distribution of the images. Moreover, images or videos are considered sexually explicit regardless of whether they depict someone engaging in sexual activity, engaging in simulated sexual activity, or are even simply partially or fully naked. Just downloading illicit images onto your computer or smartphone is sufficient to impose criminal liability, but there are defenses that Ms.Cohen could raise.  May times if we get the computer hard drive analyzed by an expert, we can mount a defense. Simply deleting the images from your computer is not enough to remove all evidence that you downloaded illicit materials — investigators have sophisticated software that allows them to recover files on your computer or phone even if you think you have deleted them. The court may also order you to provide your passcodes or fingerprints.  

A conviction for child pornography pursuant to 2C: 24-4 (b)  will result in harsh punishments including prison time, large fines, along with the requirements to register as a sex offender pursuant to Megan’s Law pursuant to 2C: 7-2  and be subject to parole supervision for life pursuant to 2C: 43-4. The consequences of a conviction will impact the rest of your life. That is why it is important that you speak to an experienced criminal defense attorney, one who has handled and tried these types of cases before a jury with excellent results.

To talk to an experienced attorney about your child pornography charges, contact The Law Office of Jill R. Cohen today for a free consultation.

Child Pornography Crimes in New Jersey

A person who engages with materials that constitute child pornography face charges for Endangering the Welfare of a Child.  

  • Endangering the welfare of a child: Possession of child pornography and downloading sexually-explicit images or videos depicting, pursuant to N.J.S. 2C: 24-4(b) as well as N.J.S. 2C: 24-4(a). Many people download such materials using “peer-to-peer” file-sharing software. Although people may believe that they are not sharing files that they download,  these “peer-to-peer” or torrent software means that these files are automatically available for others to download. Sharing illicit materials through file-sharing networks has been held by the courts to constitute conduct that endangers the welfare of children and almost certainly, faces New Jersey Prison time.

OBTAINING AN ATTORNEY EARLY CAN LEAD TO A DISMISSAL OF THOSE MORE SERIOUS CHARGES

Many of the charges involving possessing,  distributing, or manufacturing child pornography carry with it harsh sentences that may involve prison, and just as importantly, almost all of these charges requiring registering under Megan’s Law and parole supervision for life.  Ms. Cohen has represented many clients facing various child pornography charges. She knows what it takes to pursue an effective legal strategy that may help make sure you avoid serious prison time and fines. Having strong relationships with prosecutors throughout South Jersey, Also, Ms. Cohen has a vast knowledge of experts in the fields of child pornography and computer crimes, and sometimes working with them aids your case. Ms. Cohen also has connections with experienced therapists and psychologists — many times, she is able to send a client for a psychological examination to demonstrate that the client is not a danger to the community.

As soon as you are arrested and charged with child pornography crimes, the options and legal defenses that are available to you will quickly begin to dwindle. The sooner you have a skilled criminal defense attorney like Jill Cohen representing your rights and interests, the more likely you are to obtain the best possible result in your case.

Contact The Law Office of Jill R. Cohen for a Free Case Evaluation after You’ve Been Arrested and Charged with Child Pornography Charges

Megan’s Law involves registering with local police departments and sometimes listings on the Internet.  After you are placed on probation or parole you will have to appear for a hearing in Superior Court where a prosecutor and your attorney, appear in court before a judge and it will be decided what restrictions or Megan’s law is necessary.  

Parole Supervision for Life is very restricting.  Sometimes you are prevented from living with your children for a year upon your release.  Also, your use of the internet and computer may be greatly curtailed. 

There are other restrictions that may apply, so it is critical to contact Ms. Cohen if you are facing these charges.

Frequently Asked Questions about Child Pornography Charges in New Jersey

FAQ: I didn’t know that the person or persons in the images or video on my computer were underage. Can I still be charged with child pornography offenses?

Yes. Child pornography statutes in New Jersey do not require you to have knowledge that the subject of the material was was underage. All that the prosecution must prove is that the subject of the images or video was under the age of 18, engaged in sexual activity or simulated sexual activity and that you intentionally or knowingly possessed and/or distributed the material. Of course, Ms. Cohen may know how to avoid the most serious violations.

FAQ: Will I be required to register as a sex offender for a child pornography conviction?

You likely will be required to register as a sex offender if you plead guilty to or are convicted of a child pornography offense; your sex offender registration requirement may last for the rest of your life. There are alternative charges that allow you to avoid Megan’s Law and PSL. In addition, you will also likely be subject to parole supervision for life, which will impose additional restrictions on your personal life. Finally, depending on the circumstances of your offense you may be directed to undergo an evaluation to determine whether you qualify as a compulsive or repetitive sexual offender; if you are determined to be a sexual offender, you will face even more stringent restrictions on your life, including on where you may live or your ability to access the internet.

FAQ: Do I have to remain on Megan’s Law or Parole Supervision for the rest of my life?

No. Not necessarily. You must remain arrest and conviction-free for fifteen (15) years and then make a motion before a Superior Court to remove the restrictions. You can never apply before 15 years and this cannot be negotiated or reduced by the prosecutor. You may have to undergo an evaluation before you apply, and Ms. Cohen can prepare you to assure that you will be granted permission by the court.

“Jill Cohen clearly knows the law very well. She is confident enough to take a matter to trial, if need be, along with negotiation skills needed to represent you along the way. Ms. Cohen has helped me with a few matters throughout the years, and always made me feel assured that my rights would not be violated and I would have a fair position.”

Elijah W.

“We used Jill Cohen for the first time this October. Great attorney, she helped my boyfriend immensely with his case. We will be calling her again without hesitation for anything we may need in the future. Very affordable as well.”

Marni E.

“I did not expect my case to go so well but Jill found a way to really help me, I’m very grateful I chose her as my attorney and definitely would again in the future if needed.”

Paige M.

“I made the the right choice in hiring Jill Cohen Esq. to represent me. Not only is Jill Cohen a consummate attorney, she’s very professional, returns calls in a timely manner, but most importantly, gets the job done! Thanks to her my case was settled with a great outcome. I highly recommend her! I’m a happy and satisfied client!”

Jodi L.