Facing Criminal Charges?

Your Reputation, Finances And Freedom Are On The Line.

Proven Defense Against Charges Of Internet Child Pornography And Solicitation Of A Minor

Downloading child pornography from a computer can get you into a lot of trouble. Even with no prior convictions, you may be facing jail time, fines and registration as a sex offender which may go as long as 15 years.

If you are arrested, your family will lose your income and emotional support. Neighbors, friends and coworkers may shun you because of the severity of internet sex crime charges. In America you are innocent until proven guilty, and you have the right to retain experienced criminal defense counsel from a child pornography lawyer. Call The Law Offices of Anthony N. Palumbo at 908-643-6801 with offices in Elizabeth, South Orange and Cranford, New Jersey, for a free initial consultation with a qualified internet sex crimes lawyer.

I am attorney Anthony N. Palumbo. I have been in practice since 1973, focusing exclusively on criminal defense, including sexual assault and sexual abuse. I stay up to date on cybersex laws, and I have an edge in building defense strategy because I formerly served Union County as a prosecutor. While each case is unique, I know what the prosecution needs to convict you of internet child pornography, and I know what it takes to fight online sex crimes charges successfully.

What Constitutes Child Pornography?

Child pornography includes photographs, videos, computer programs, or any other material depicting a child for the purpose of sexual stimulation, whether the depiction involves only nudity or whether it shows a child engaging in or simulating a prohibited sexual act. Under New Jersey law, child pornography charges apply whenever the material depicts a child under the age of 16, but federal law is stricter and includes any pornographic material depicting a person under the age of 18.

My law firm defends clients against internet sex crimes charges, including:

  • Possession of child pornography
  • Distribution of child pornography
  • Connecting with a minor on the web and asking to meet for sex

Child Pornography: State Vs. Federal Charges

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 other states. As a result, federal jurisdiction may apply even if you only viewed internet child pornography while in New Jersey or if the pornographic material was only distributed within the state.

New Jersey Child Pornography Charges

In New Jersey, it’s considered second degree child endangerment to create child pornography or to knowingly allow a child to engage in the creation of pornographic material, and a conviction carries a penalty of 5 to 10 years in prison. The offense is upgraded to a first-degree crime, with an increased sentence of 10 to 20 years, if the offender is the child’s parent or guardian, or has some other legal responsibility for the child. Distributing child pornography in any manner, including over the internet, is a second-degree crime, subject to a sentence of 5 to 10 years in prison, and the possession of child pornography – or even just knowingly viewing it – is a fourth-degree crime subject to a sentence of up to 18 months in jail.

Federal Child Pornography Charges

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.

Under both New Jersey and federal law, a person who possesses or distributes more than one item of child pornography may be charged with multiple counts, with the sentences for each charge being added together. This can result in very lengthy periods of incarceration, or even sentences of life imprisonment.

How To Defend A Child Pornography Charge

Child pornography offenses are strict liability crimes, which means that it’s not a defense if you didn’t know that the material depicted a minor or if you believed that the person in the pornographic material was an adult, even if such a mistaken belief was reasonable. There are several valid defenses available to you, however:

  • The person depicted in the pornographic material was actually an adult, even if you thought he or she was a minor.
  • The material was downloaded by a computer virus or someone else with access to the system.
  • Law enforcement obtained evidence unlawfully, such as through an unreasonable search and seizure, violating your Fourth Amendment rights.

If you are accused of downloading child pornography, you need hard-hitting defense. Simply looking at these images is a serious crime under New Jersey law. In building your defense, I gather all the evidence, including the record of your arrest.

In internet sex crimes, your defense often begins at the PC itself. Does anyone else have access to your PC? Were the images downloaded while you were in class or at work? How were they downloaded? Did law enforcement decide to target you?

We have access to computer forensics experts who can analyze your computer system and network. Our goal is to build a strong defense against internet sex crimes charges to help you avoid further embarrassment and the humiliation of registering as a sex offender.

Defend Your Rights, Your Freedom And Your Reputation

Most people don’t think of looking at computer downloads as a crime, but it is. Prosecutors in New Jersey take an aggressive stance against internet sex offenses, and if you’ve been charged with an internet child pornography crime, you could be facing serious penalties if you don’t have a knowledgeable child pornography lawyer on your side. Don’t wait until it’s too late to mount an effective legal challenge in your case. Contact me today for a free initial consultation or call 908-643-6801.