Child Pornography Charges
New Jersey Child Pornography Defense Attorney
If you have been arrested and charged with any criminal offense related to child pornography, you are in serious legal trouble. Law enforcement, prosecutors and the courts do not look kindly upon those whom they consider have exploited children, and any child pornography charge will be aggressively prosecuted. In such cases, it is crucial that you contact a New Jersey child pornography defense lawyer immediately after your arrest. If you are under investigation for any such charge, get legal representation without delay, as you can assume that you will be arrested shortly. At the law office of Rafael Gomez, Mr. Gomez will evaluate the situation and take actions for the defense of your case. Each case has unique circumstances and evidence and must be reviewed immediately to determine how to proceed with the defense of your charges.
Child Pornography Defense Lawyer in New Jersey
Depending upon the details of the child pornography offense, you could be charged in federal court. Federal law enforcement units become involved when illegal material is distributed across state borders, including by the use of the internet. These cases can be devastating to the individual charged, and destroy the reputation of the most respected individuals in the community when it is reported via the media. It is crucial that you are proactive and contact Rafael Gomez to initiate the critical defense moves that are necessary in any such case. If convicted, depending upon the severity of the case, you may face a mandatory prison sentence. Rafael Gomez is prepared to evaluate cases of child pornography charges, including the following:
- Possession of Child Pornography
- Production of Child Pornographic Material
- Transmission of Child Pornography
- Sale of Child Pornography
Any child pornography case is dangerous. If you are found to be in possession of pornographic images, you could get several years in prison for each image found. However, there are often extremely viable options for the defense of these cases. In fact, some images can be placed on an individual's computer without his/her knowledge. In other cases, a variety of people have had access to the computer in question, and determining who is truly responsible can be difficult. How law enforcement gained the evidence against you could have violated your constitutional rights. The law office of Rafael Gomez is familiar with defending child pornography charges and has access to resources such as expert witnesses and researches to fight to support the defense. It is crucial that you contact the firm without delay if you have been charged with this serious crime.
Child pornography charges are covered in N.J.S. 2C:24-4.
2C:24-4. Endangering welfare of children.
2C:24-4. Endangering Welfare of Children.
a. Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child as defined in R.S.9:6-1, R.S.9:6-3 and P.L.1974, c.119, s.1 (C.9:6-8.21) is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age of 16 is guilty of a crime of the third degree.
b. (1) As used in this subsection:
"Child" means any person under 16 years of age.
"Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.
"Prohibited sexual act" means
(a) Sexual intercourse; or
(b) Anal intercourse; or
(c) Masturbation; or
(d) Bestiality; or
(e) Sadism; or
(f) Masochism; or
(g) Fellatio; or
(h) Cunnilingus;
(i) Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction; or
(j) Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1.
"Reproduction" means, but is not limited to, computer generated images.
(2) (Deleted by amendment, P.L.2001, c.291).
(3) A person commits a crime of the second degree if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance. If the person is a parent, guardian or other person legally charged with the care or custody of the child, the person shall be guilty of a crime of the first degree.
(4) Any person who photographs or films a child in a prohibited sexual act or in the simulation of such an act or who uses any device, including a computer, to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act is guilty of a crime of the second degree.
(5) (a) Any person who knowingly receives for the purpose of selling or who knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers or agrees to offer, through any means, including the Internet, any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, is guilty of a crime of the second degree.
(b) Any person who knowingly possesses or knowingly views any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet, is guilty of a crime of the fourth degree.
(6) For purposes of this subsection, a person who is depicted as or presents the appearance of being under the age of 16 in any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction shall be rebuttably presumed to be under the age of 16. If the child who is depicted as engaging in, or who is caused to engage in, a prohibited sexual act or simulation of a prohibited sexual act is under the age of 16, the actor shall be strictly liable and it shall not be a defense that the actor did not know that the child was under the age of 16, nor shall it be a defense that the actor believed that the child was 16 years of age or older, even if such a mistaken belief was reasonable.
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