Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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New Jersey law enforcement agencies have devoted greater resources to sex crimes involving minors. A conviction for possessing pornographic images of children are some of the harshest in the country and can result in jail, fines, a criminal record and sex offender registration.
It is illegal under New Jersey state law to posses, view, distribute, share, receive, photograph or allow a child to engage in child pornography. Why? Because images of child pornography are not considered protected speech by the Constitution. It is a form of child sexual exploitation. In modern times, instances of child pornography can occur on a computer through the Internet, or even on a smartphone known as "sexting." Under New Jersey law, a specific provision of the statute prohibits any type of file sharing using peer-to-peer networks for distribution.
Most convictions will lead to registration on the New Jersey Sex Offender list. Once registered, an individual may be on the list for life.
The following table highlights the main provisions of the New Jersey's Child Pornography laws. See Cyber Crimes, Sex Crimes, and Crimes Against Children for more information.
| Code Sections | N.J. Stat. Ann. §2c:24-4 et seq. |
| What is Prohibited | Child Endangerment: Causing or permitting a child to engage in any prohibited sexual acts if you know or have reason to know or intend for the act to be filmed in any manner, including the Internet or will be part of an exhibition or performance. Producing, Photographing or Filming: Photographing of filming a child in a prohibited sexual act. Possession: Knowingly possessing an item depicting sexual exploitation or abuse of a child; Distribution: Knowingly distributing an item depicting sexual exploitation or abuse of a child; File Sharing Programs: Knowingly storing or maintaining child pornography using a file-sharing program. |
| First Amendment Protections? | Child pornography is not protected speech covered by the First Amendment. |
| Definition of a "Child" | A person under 18 years of age. |
| Definition of "Prohibited Sex Act" |
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| Mandatory State Sexual Offender Registry if Convicted? | Yes, under Megan's Law. |
| Penalties | Felony, possible prison sentence depending on the degree of the crime, fines, community service, mandatory sex registration. |
| Examples of Enhanced Penalties |
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Child pornography is also a federal crime. Federal laws addressing child pornography are:
Because criminal laws can sometimes get complicated, it may also be a good idea to consult an experienced New Jersey criminal defense attorney if you have questions about your specific situation.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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