Recent changes to New Jersey’s child sexual abuse and child pornography laws

A bill recently enacted makes significant changes to New Jersey’s child sexual abuse and child pornography laws. The new provisions clarify the law, update it to apply to a broader range of technologies, and expand the penalties for child sexual abuse and exploitation, bringing it more into line with federal law.

 

Key provisions in the new law include the following:

  • Minors up to the age of 18 are now protected from sexual abuse and exploitation under the child endangerment statute. Previously, the statute only protected minors up to the age of 16.
  • Updated definitions and terminology have been incorporated into the child sexual abuse and child pornography statutes to better address digital technology and to prevent offenders from using new technology to exploit loopholes in the law.
  • The legislation expands the scope of criminal liability for child pornography possession, distribution, and production offenses. Some offenses have been upgraded and subject to harsher penalties, while other offenses are now subject to mandatory minimum sentences.
  • The law also adds a provision to Megan’s Law authorizing special lifetime parole supervision for child pornography offenders, and it makes these offenses ineligible for expungement.

 

For more information about child sexual assault and child pornography offenses in New Jersey, contact the Law Offices of Palumbo & Renaud at 908-337-7353 and ask to schedule a free legal consultation. Sex Crime attorney Anthony N. Palumbo serves clients facing all types of criminal charges, primarily in Essex County, Middlesex County, Monmouth County, Ocean County, and Union County. Call today and find out how Mr. Palumbo can help you with your charges.

 

 

 

Former Essex County middle school teacher pleads guilty to child porn possession

A former Essex County middle school teacher and swim coach admitted in federal court to possessing and distributing child pornography, NJ.com reports. The images, which included depictions of both sadistic and masochistic conduct, were downloaded and posted via peer-to-peer file sharing software.

 

Under federal child pornography laws, a person who creates, distributes, possesses, or views child pornography will be sentenced to at least 5 but no more than 20 years in prison. If the person has a criminal record including certain sex offenses, the sentence is increased to at least 15 but no more than 40 years.

 

Child pornography is also illegal under state law. Distributing child pornography is considered a second degree crime in New Jersey, subject to a sentence of 5 to 10 years in prison, and the possession of child pornography is a fourth degree crime, subject to a sentence of up to 18 months imprisonment. In addition to imprisonment, a person convicted on child pornography charges may also be required to register as a sex offender under New Jersey’s Megan’s Law.

 

If you’ve been charged with a child pornography crime, you could be facing serious penalties if you don’t have strong legal representation of your own. Don’t wait until it’s too late to mount an effective legal  challenge in your case. To meet with an internet sex crimes lawyer for a free and confidential consultation, contact me, Anthony N. Palumbo at the law firm Palumbo & Renaud at 1-866-664-8118 or through this online form.

 

More information about crimes against children on my website:

  • Endangering the Welfare of Children
  • Child Pornography
  • Child Pornography Charges
  • Child Molestation
  • Child Molestation by Family Members or Friends
  • Child Sexual Assault

Eight year prison sentence handed down for former Essex County teacher convicted on child porn charges

A former 7th grade teacher from Essex County who plead guilty to one count of receipt and distribution of child pornography was sentenced in August to 97 months in federal prison, to be followed by 5 years of supervised release. The defendant used peer-to-peer file sharing software to upload and receive illicit images and videos, including some materials depicting very young children and violent sexual abuse.

 

Internet child pornography charges can be very severe, with penalties including jail time, fines, and registration as a sex offender. Under New Jersey law, distributing and creating child pornography are both second degree crimes, carrying a penalty of 5 to 10 years for each count as well as fines as high as $250,000. The possession of child pornography, or even just knowingly viewing it, is a fourth degree crime punishable by up to 18 months in jail.

 

Internet child pornography charges almost always implicate federal as well as New Jersey law, and under federal child pornography laws, the penalty for creating, distributing, possessing, or viewing child pornography is 5 to 20 years in prison.

 

If you’ve been arrested on internet child pornography charges and need a lawyer to defend you, contact me, Anthony N. Palumbo, at 1-866-664-8118 to schedule a free initial consultation. With more than 35 years of experience as a criminal defense attorney, I can advise you of the penalties you face, possible defenses, and the best course of action to take going forward.

 

School bus driver in Ocean County arrested for child pornography distribution

Jackson Online reports that an Ocean County school bus driver was arrested by federal agents and charged with downloading and distributing child pornography via peer-to-peer file sharing. The FBI seized a computer from his home containing images and videos depicting child pornography, including photographs of prepubescent children and children being sexually abused.

Under federal child pornography laws, a person who creates, distributes, possesses, or views child pornography will be sentenced to at least 5 but no more than 20 years in prison. Child pornography offenses can also be prosecuted under New Jersey law, which makes it a second degree offense, punishable by 5 to 10 years in prison, to create or distribute child pornography.

Internet child pornography charges will almost always implicate both federal and state law. This is because child pornography cases are subject to federal prosecution if the pornographic material was produced in or distributed from another state, and given the complex configuration of the internet, the act of viewing, emailing, or downloading online child pornography usually involves the use of data stored on internet servers located in several states.

If you’re facing internet child pornography charges, it may feel like everyone just assumes that you’re guilty. Unfortunately, your fears are probably justified. Not only can a conviction lead to serious criminal penalties, but accusations alone can be enough to turn your life upside-down and ruin your personal and professional reputations forever. That’s why it’s crucial to seek legal representation as soon as possible if you’ve have been charged with child pornography possession or distribution.

To arrange a free and confidential consultation with an internet sex crimes lawyer, contact me, Anthony N. Palumbo, New Jersey Criminal Defense Attorney, at 1-866-664-8118 or through this online form. With more than 35 years of trial experience as a prosecutor and defense attorney, I know what the prosecution needs to convict you and I know what it takes to fight the charges successfully.

 

Middlesex County university professor arrested for child pornography distribution

A biochemistry professor at the Rutgers University New Brunswick campus was recently charged with possession and distribution of child pornography, according to NJ.com. An investigation by the State Police Digital Technology Investigations Unit found that the professor used peer-to-peer file sharing.

 

Distributing child pornography is considered a second degree crime in New Jersey, subject to a sentence of 5 to 10 years in prison, and the possession of child pornography is a fourth degree crime, subject to a sentence of up to 18 months imprisonment. Child pornography may also be prosecuted under federal law.

 

In addition to imprisonment, a person convicted on child pornography charges may also be required to register as a sex offender under New Jersey’s Megan’s Law.

 

If you’ve been charged with a child pornography crime, I urge you to seek legal advice immediately. Contact me today for a free initial consultation through the email form on this website or at 1-866-664-8118, and I will carefully go through the facts of your case to make sure that all possible defenses are raised on your behalf.

 

Essex County doctor admits to child pornography charges

As reported by the New Jersey Star-Ledger, an Essex County doctor recently admitted to receiving and distributing more than 200 images and videos of highly graphic child pornography. The doctor pled guilty to one count of receipt and distribution in federal court.

Under federal child pornography laws, a person who creates, distributes, possesses, or views child pornography will be sentenced to at least 5 but no more than 20 years in prison. If the person has a criminal record including certain sex offenses, however, the sentence is increased to at least 15 but no more than 40 years.

Child pornography is also illegal under state law. Distributing child pornography is considered a second degree crime in New Jersey, subject to a sentence of 5 to 10 years in prison, and the possession of child pornography is a fourth degree crime, subject to a sentence of up to 18 months imprisonment.

If you’ve been charged with a child pornography crime, you could be facing serious penalties if you don’t have strong legal representation of your own. Don’t wait until it’s too late to mount an effective legal  challenge in your case. To meet with an internet sex crimes lawyer for a free and confidential consultation, contact me, Anthony N. Palumbo at the law firm Palumbo & Renaud at 1-866-664-8118 or through this online form.

 


Child Pornography Penalties in New Jersey

New Jersey Sex Crime Lawyer – Anthony N. Palumbo

Ever since the onset of the internet, there has been a tidal wave of child pornography offenses.  The privacy offered by the internet has made it easy for people to quietly view child pornography.  Both federal and state police have made increasing efforts to safeguard children from internet predators and prevent individuals from obtaining child pornography online.  Penalties of possession of child pornography, distribution of child pornography are very stern and often include time spent in jail, heavy fines, and registration as a sex offender for life under New Jersey’s Megan’s Law.

Penalties for possession of child pornography carry up to 18 months in prison and $10,000 in fines.  In order to be convicted of possession of child pornography, you must knowingly possess or look at an image, film or photograph that shows a child in a prohibited sexual act or simulated act, including Internet viewing.  Penalties for distribution a much more serious and carry a prison term of 5 to 10 years plus $250,000 in fines.  In order to be convicted of distribution of child pornography, it must be proved a person received for the purpose of selling or played any kind of role in the transmission of a photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction that shows a child engaging in a prohibited sexual act or in the simulation of such an act.

 

Arrest for Child Pornography in Bridgeton

A Bridgeton man was arrested last week for possession and distribution of child pornography in New Jersey, and he was also arrested for incidents of sexual assault and endangering the welfare of a child which occurred in close connection with the child pornography charges. The initial charges resulted from technology investigations allegedly demonstrating that the man both possessed and distributed child pornography. After this revelation, police set off on a separate investigation which led to charges of second degree sexual assault and endangering the welfare of a child after alleged sexual conduct with a victim less 12 years of age.

In order to be convicted of possession of child pornography, a person must knowingly possess or look at an image, film or photograph that shows a child in a prohibited sexual act or simulated act, including Internet viewing. It is a fourth degree crime, a conviction for possession of child pornography is carries penalties of up to 18 months in prison and fines of $10,000 in fines.

In order to be convicted of distribution of child pornography, it must be proved that a person: Received for the purpose of selling or knowingly sell, procure, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer or agree to offer, through any means, including the Internet, any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction, showing a child engaging in a prohibited sexual act or in the simulation of such an act. Distribution of child pornography is a second degree crimes which carries penalties of 5 to 10 years in prison and pay up to $250,000 in fines.