Addressing Child Pornography Charges In New Jersey

In this article, you can discover:

• The prevalence of child pornography as a common sex crime in New Jersey.
• The legal risks associated with phone usage and the requirement to comply with warrants.
• Potential defenses for accidental exposure to illegal content and the significance of digital footprints.

What Are The Most Common Types Of Sex Crimes In New Jersey?

Child pornography is one of the most common types of sex crimes in New Jersey. Individuals often believe they are simply browsing the internet in the privacy of their own homes, but they may inadvertently click on a website or download a program that leads to illegal content.

Law enforcement agencies monitor certain websites and file-sharing programs, and when someone downloads these programs, it raises a red flag. Many people may start by viewing images of young women, thinking they are 18 and older, but then they unknowingly access content featuring individuals under 18, which is illegal in New Jersey.

The situation escalates when the downloaded file-sharing program facilitates the unintentional distribution of illegal content. For example, you could view an image of a 15-year-old and then go to sleep, but because the file-sharing program is on your computer, others can access and download that image from your device, qualifying you for distribution charges. This type of case often results in prison time. Many individuals are unaware of the dangers of downloading these file-sharing programs, which makes it a serious issue.

Law enforcement agencies focus on catching what they call the “low-hanging fruit” – individuals who download illegal content from their homes. When police detect that illegal content has been downloaded, they can obtain a warrant, seize your computers, and arrest you, often leaving you bewildered by the swift turn of events. These cases are widespread, occurring in every town and every part of New Jersey.

Handling these cases requires a criminal lawyer with experience in computer crimes, as many lawyers may not understand the intricacies of these charges. There have been numerous cases that have gone all the way to the appellate division and the Supreme Court regarding whether someone must turn over the passcode for their phone or computer to the police. This legal aspect adds another layer of complexity to these cases.

The same principles apply to what people search on their phones. Your phone is a mini-computer that you carry around with you, and you can access the same content on your phone as you can on a computer. Recent legal decisions have mostly sided with the state, requiring individuals to turn over their phone passcodes when presented with a warrant. Failure to comply can result in jail time.

What Are Some Potential Defenses To Child Pornography Charges In New Jersey?

There are potential defenses for individuals who accidentally stumble upon illegal content. For example, as a mother, you might be googling something entirely innocent and accidentally come across something illegal.

In such instances, it’s crucial to demonstrate that any access to illegal content was unintentional and that there was no deliberate action to seek out, open, or download such content. Often, the evidence in these cases will show a pattern of illegal activity, but if it can be shown that there was no such pattern, it could form the basis of a defense.

For more information on Child Pornography Crimes In New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (856) 499-8066 today.