Defending Against Child Pornography Distribution Charges in Camden County

Being charged with distributing child pornography in Camden County can lead to severe consequences, including years in prison and a lifetime of stigma. However, with an experienced criminal defense lawyer on your side, it may be possible to avoid conviction or reduce the penalties. This article provides an overview of child pornography distribution laws in New Jersey, potential defenses, and why working with a skilled local attorney is critical for anyone facing these allegations.

Child Pornography Distribution Laws in New Jersey

Under New Jersey law, distributing child pornography is a very serious offense. Specifically, N.J.S.A. 2C:24-4b(5)(a) makes it a second-degree crime to distribute, transfer, share, or sell any photograph, film, video, or other reproduction depicting a child engaged in a prohibited sexual act or the simulation of such an act.

A “child” is defined as anyone under the age of 18. The “distribution” element includes sending, uploading, downloading, sharing via peer-to-peer networks, showing to others in person, and any other acts that disseminate or provide access to the illegal content.

Defendants face 5-10 years in state prison if convicted of child pornography distribution in New Jersey. Fines up to $150,000 may also be imposed. Those found guilty must register as sex offenders and will be subject to parole supervision for life. The potential consequences are clearly incredibly severe.

Where Cases Are Heard and Common Defenses

Since distributing child pornography is an indictable offense, all cases proceed in Camden County Superior Court no matter where in the county the defendant was arrested. Common venues include Cherry Hill, Camden, Gloucester Township, and other local municipalities.

Skilled criminal defense lawyers know these courts extremely well and have experience building defenses specifically tailored to counter allegations of child pornography distribution. Some potential defenses include:

• Lack of knowledge – The state must prove the defendant knew the distributed material depicted children engaged in sexual acts. For example, if the files were mislabeled, encrypted, or obtained from a third party under false pretenses.
• No evidence of distribution – The state relies heavily on digital evidence. But IP addresses, downloads, and other tech-related data can be inconclusive or manipulated. Prosecutors may be unable to definitively link the defendant to sharing files.
• Illegal search – Law enforcement must obtain warrants before searching property or online accounts. If they overstep these bounds, critical evidence may be suppressed.
• Mental health defenses – In some cases, defendants suffer from mental illnesses, cognitive disabilities, or compulsions that mitigate culpability.

An experienced lawyer thoroughly investigates the specific details of each case to identify potential defenses. They also negotiate aggressively with prosecutors to have charges reduced or dismissed through pre-trial intervention. Thorough pre-trial preparation and advocacy during hearings, motions, and at trial itself are key.

Why Retaining a Local Criminal Defense Lawyer is Critical

Facing allegations as serious as distributing child pornography can be an incredibly frightening and confusing experience. The consequences seem severe, law enforcement has almost limitless resources, and the stigma surrounding these charges leads many to simply assume defendants are guilty regardless of the actual evidence.

Having an advocate in your corner – someone who believes in you, understands the local courts, laws, and players, and will fight relentlessly on your behalf – makes all the difference. Never go through this alone. The stakes are far too high.

The attorneys at The Law Offices of Jonathan F. Marshall collectively have over a century of criminal law experience in Camden County and statewide. Several served as prosecutors earlier in their careers, providing invaluable insight into the opposition’s tactics and mindset.