Child pornography or child sexual abuse material (CSAM) charges are serious and will follow those found guilty for the rest of their lives. If you were accused of these charges and are in need of a skilled child pornography defense lawyer, Shugar Law Office is here to provide you with the experienced representation and support you need. Our firm has the legal experience you need and is dedicated to safeguarding your rights.
According to New Jersey law, there are several distinct ways an individual can face child pornography charges. An individual must possess, control, or view items depicting the sexual abuse of a child while knowing the conduct. These items can include various forms of media, including photographs, video, or digital representation.
Additionally, there are three main categories of CSAM charges, including:
Given the serious nature of CSAM charges, the consequences and penalties those found guilty face are severe. These charges can vary based on the aforementioned categories.
Possession is a third-degree offense in New Jersey and can result in a $15,000 fine and between three to five years in prison. However, the number of images in the defendant’s possession can increase the penalties substantially.
Having at least 1,000 images raises the crime to a second-degree offense and can lead to five to 10 years of imprisonment. Possessing over 100,000 raises it to a first-degree crime that incurs 10 to 20 years in prison.
Depending on the situation, those charged with production can face either a second or first-degree offense. For a second-degree charge, the defendant must photograph or film a child in either a prohibited act or the simulation of one with the intent of reproducing the image. For a first-degree production charge, a person must cause or permit a child to engage in a prohibited act or a simulation of it while knowing it will be filmed, reproduced, or is part of a performance.
Under New Jersey Law, the distribution of child pornography is a second-degree offense. It can lead to a $150,000 fine and five to ten years in prison.
A child pornography defense attorney can defend their client against the charge in several ways. For example, if the defendant does not meet the criteria for the charge established by New Jersey law, the defense lawyer can use that to counter the prosecution’s case.
The defense can also use any mistakes made by law enforcement, such as the mishandling of evidence or an unlawful search or seizure, to defend their client. Additionally, unintentional possession, statute of limitations, and other angles can be taken by a CSAM defense attorney if possible.
Given the severe nature of these charges, having access to an experienced legal team is indispensable. At Shugar Law Office, we’re dedicated to providing:
If you need to speak with a skilled CSAM defense lawyer, don’t wait. Contact Shugar Law Office today to schedule a consultation and to start speaking with a legal expert about your case.
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