New Jersey Possession of Child Pornography Defense Lawyer

Have you been charged with possession of child pornography in New Jersey? If so, you need an experienced defense attorney to help you fight back against the potentially devastating consequences you’re facing. You need the Law Office of Jason A. Volet.

Attorney Jason Volet has personally handled over 4,000 cases as both a prosecutor and a defense lawyer over his two decades in practice, and he’s certified as a Criminal Trial Attorney by the Supreme Court of New Jersey. He is committed to providing a judgment-free and welcoming environment where you can freely discuss what happened. Contact our law office to speak to a New Jersey possession of child pornography defense attorney for free, and let us protect your rights and seek a fair resolution to the charges against you.

How Does New Jersey Define Child Pornography?

It is illegal to produce, distribute, possess, view, or receive child pornography. The definition of child pornography in New Jersey is broad. New Jersey law explains that it may involve items depicting the sexual exploitation or abuse of a child, showing a child engaging in a prohibited sexual act, or portraying a child in a sexually explicit way. A child is someone under the age of 18. These materials might be filmed, recorded, or intended for distribution via multiple media formats.

This broad definition covers a wide range of behavior. For example, sexting – which involves the exchange of sexually explicit images, videos, audio, and text messages – can be classified as child pornography if an adult engages in such acts with a minor.

Are There Different Categories of Child Pornography in New Jersey?

When the state charges individuals with child pornography crimes, it usually does so under one or more of the following categories:

• Child endangerment: This involves permitting or orchestrating the participation of a child or minor in sexual acts with the knowledge that it will be recorded and distributed.
• Recording and producing: Recording minors and children engaging in prohibited sexual activities via video or photos is against the law.
• Possession of child pornography: This applies to an individual intentionally keeping recordings or materials containing sexual exploitation of a child.
• Distribution of child pornography: This involves knowingly distributing or sharing recordings or images of children being sexually exploited
• Exchanging sexual materials with minors: For instance, sexting activities with a minor involving the sharing of pictures and videos of a sexual nature is grounds for a child pornography charge.

Depending on what the prosecution finds, they may charge the accused with one or more of these child pornography offenses. Law enforcement agencies take child sexual abuse cases very seriously and will often recommend the harshest penalties and fines where possible.

What Is Necessary for a Prosecutor to Prove a Child Pornography Possession Charge?

A prosecutor merely needs to demonstrate that the accused intentionally and with full knowledge of the content of the materials, kept the items for their use. The basis of a conviction is the accused’s knowledge and intent.

Individuals who may have accidentally come into contact with such materials and had no knowledge of the content should not be convicted of child pornography possession. The prosecutor will also have to demonstrate beyond reasonable doubt that the person in the depicted sexual activities is a minor.

Depending on the distribution or transport circumstances, the case may involve federal law enforcement if there’s evidence that the accused traveled or sent the material across state lines. For example, if the defendant traveled out of state with copies of child pornography materials in a flash drive or laptop, they may also face federal child pornography charges.

What Are the Penalties for Child Pornography Possession in New Jersey?

In New Jersey, a conviction on possession of child pornography or sexual exploitation of a child involves severe penalties like:

• Incarceration for up to 20 years, depending on factors such as the number of images
• Sizable monetary fines of up to $200,000
• Supervised release or parole for the rest of their lives
• Registration as a sex offender under Megan’s Law

These are the official penalties that people convicted of possession of child pornography will face. However, someone convicted of possessing child pornography may face unofficial penalties, as well. Their status as a sex offender will appear on a background check, which may lead to a lifetime of stigma, loss of civil liberties, and difficulty securing a job, loan, mortgage, insurance, or even decent accommodations.

What Are Some Defenses Against a Child Pornography Possession Charge?

There are several possible defenses that an experienced New Jersey child pornography attorney can employ, including the following:

• The accused did not know that the materials in their possession contained the child sexual abuse materials.
• The accused accidentally came in contact with the material, such as by unintentionally downloading malware.
• The accused was coerced or tricked into taking possession of the materials by law enforcement agents.
• Another person used the accused’s device or connection to download, keep, or distribute the materials.

The specific defense your attorney pursues will depend on the unique facts and circumstances of the charges against you. However, it’s important to note that simply not knowing the subject was a minor is not a valid defense. This makes a strong defense strategy from a skilled lawyer vital to protecting your rights and freedom.

What Is the Statute of Limitations for a Child Pornography Possession Offense?

In New Jersey, the prosecution must begin legal action within five years after the alleged victim turns 18 or within two years of the victim discovering the alleged offense, whichever is later.

Contact a New Jersey Child Pornography Possession Defense Lawyer

Child pornography and endangerment cases are often challenging to win. Prosecutors aggressively pursue convictions, and jurors already have their preconceived notions and biases before even hearing the case. That’s why you need a dedicated New Jersey child pornography possession defense attorney who can negotiate with authorities and break down these biases so that juries listen with an open mind. That’s where the Law Office of Jason A. Volet comes in.

As a former prosecutor with nearly two decades and over 4,000 cases’ worth of experience, Attorney Jason Volet is familiar with both sides of the bench. He can craft a defense to protect your rights and seek a fair resolution to the charges against you. Whatever your situation, we provide a listening ear. Contact us now for a free consultation with a New Jersey child pornography defense lawyer, and let’s start protecting your rights today.

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