New Jersey Child Pornography Attorneys

According to Title 18, Chapter 110 of the United States Code, the sexual exploitation and other abuse of children is prohibited. This includes child pornography. Child pornography is defined by law as the “visual depiction of minor children under the age of 18 engaging in sex acts such as sexual intercourse, masturbation or oral sex.” Also included in the definition of child pornography are “photographs or depictions of children's genitalia.” The courts uses factors such as the setting of the image, whether the child is nude or fully clothed, and the intention of the image to determine whether the image is in fact a pornographic image. Even images with fully clothed children have been determined by the Supreme Court to constitute child pornography in some cases. Because of the subjective nature of child pornography cases, it is always wise to retain the services of a New Jersey child pornography lawyer when facing child pornography charges.

Child Pornography Charges

In the majority of cases, child pornography charges stem from Internet activity that in some way involves exploited minors. Many child pornography cases are tried in the federal court system because of the interstate nature of Internet activities. According to federal sentencing guidelines, individuals convicted of child pornography may be incarcerated for a period of at least six years. For these reasons, it is imperative that individuals facing child pornography charges have experienced and skilled legal representation. Even if the individual is still simply being investigated for possible child pornography violations, he or she should contact a New Jersey child pornography attorney immediately. An attorney will endeavor to have the charges against the individual either reduced or dismissed. A knowledgeable attorney may help an individual avoid these unpleasant charges altogether if contacted before charges are officially brought against the individual.

Burden of Proof

A NJ child pornography lawyer may employ the services of a computer forensics expert to assist with the individual's defense. This is because the burden of proof lies with the prosecution. The prosecution must establish that it was the accused individual that actually viewed or downloaded the child pornography found on the individual's computer. A computer forensics experts can help provide evidence in favor of the defendant; therefore, a computer forensics experts may be of invaluable assistance in cases such as these. 

Hiring a NJ Child Pornography Attorney

Being convicted of child pornography can have disastrous effects on the defendant's life and well as the lives of their loved ones. These types of charges can have serious social consequences. Not only may a child pornography conviction jeopardize the defendant's freedom, but these charges can negatively impact the defendant's career, reputation, and standing within their community. For these reasons, it will be in the best interests of those suspected of child pornography to contact an attorney prior to charges being filed against them. The sooner an attorney can being working on the case and building a defense strategy the better. For those that know or suspect they are being monitored for possible child pornography involvement, contacting a NJ child pornography attorney is the first step they should take. Please call today.