Distribution of Child Pornography
As with the offense of possession of child pornography, law enforcement agencies are focusing on prosecuting distribution of child pornography because of the impact the Internet has had on the access and proliferation of pornographic images and videos. There are few sex-related offenses that someone can face at the Mercer County Superior Court in Trenton that carry the kind of shame and humiliation that accompanies a charge of distribution of child pornography. For that reason, if you are charged with the offense, you need to get expert legal representation. The attorneys at the Law Offices of Jonathan F. Marshall have years of experience representing those accused of child pornography distribution and other sex-related offenses. Given the potential for severe, life-long consequences from a conviction for distribution of child pornography at the county courthouse in Trenton, you need an attorney with skill and years of experience to mitigate your legal exposure. Simply call (609) 683-8102 to speak with an attorney who serves Hamilton, Hightstown, Lawrence, Trenton, Ewing and the rest of Mercer County today. The first consultation is completely free.Distribution of Child Pornography: Three Categories
The offense of distribution of child pornography is found under the New Jersey statute titled Endangering Welfare of Children. Under N.J.S.A. 2C:24-4 b, there are three separate categories, or types, of distribution. Note that for all three categories the term “child” means a person under the age of 18, and a “prohibited sexual act” means sexual intercourse, anal intercourse, masturbation, bestiality, sadism, masochism, fellatio, cunnilingus, nudity of a sexual nature, or any act of sexual penetration. The following is a breakdown of the categories of distribution set forth by law.
1. Creating Child Pornography. The first, and most serious, category pertains to people who actually create child pornography. In this category, it is a crime to cause, or allow, a child to engage in a prohibited sexual act knowing or intending that the act may be photographed, filmed, reproduced, reconstructed on the Internet or elsewhere, or may be part of a performance.
2. Filming Child Pornography. The second category involves people who film an illegal sexual act involving a child, or create an image of an illegal sexual act. Thus, it is a crime to photograph or film a child in a prohibited sexual act, or to use any device to reproduce or reconstruct the image of a child in a prohibited sexual act.
3. Distributing Child Pornography. The third category involves people who purposely distribute child pornography. It is a crime to knowingly distribute, by any means, pornographic material involving a child; to knowingly possess the illegal material with the intent to distribute it; or to knowingly store or maintain the illegal material using a file-sharing program that allows other computer users to access those files. With regard to file-sharing programs, a prosecutor need not prove that anyone actually accessed the material using file sharing. Rather, a person will be criminally liable for failing to disable the file sharing capability allowing others to access the material.
Penalties for Distribution of Child Pornography. The penalties vary depending upon the categories discussed above. The first and most serious category is a first-degree crime, which can result in 10 to 20 years imprisonment and a fine up to $200,000. Both the second and third categories are second-degree crimes, which can result in 5 to 10 years imprisonment and a fine up to $150,000. Unlike a first offense for mere possession of child pornography, a conviction for distribution of child pornography requires a person to provide his or her information to a sex-offender registry under Megan’s Law. Such a requirement could be for life.East Windsor Distribution of Child Pornography Lawyer
A charge of distribution of child pornography cannot be taken lightly. A conviction for a child pornography offense can be severe and can affect the rest of your life. But remember, you are innocent until proven guilty. That is the reason you should be sure to retain an experienced, professional, aggressive attorney to zealously defend your case. We defend distribution cases arising throughout Mercer County, including those arising in Princeton, Robbinsville, Hightstown, Pennington and Hopewell. Take advantage of the free initial consultation provided by the legal team at the Law Offices of Jonathan F. Marshall. Call (609) 683-8102 for an attorney to help you with your case.