Child Pornography Defense Lawyer in New Jersey

New Jersey criminal law now refers to this material as items depicting the sexual exploitation or abuse of a child rather than using “child pornography” as the statutory term. At the Law Offices of Melissa Rosenblum, LLC, our criminal defense attorney represents people under investigation or facing charges involving possession, viewing, distribution, file sharing, or production of such material. These cases often turn on how investigators obtained digital evidence, whether the accused knowingly possessed or controlled the material, and how the State calculated the number of items involved.

Charges and Penalties in New Jersey

The degree of the charge depends on the conduct alleged and, for some offenses, the number of items the State counts. Under New Jersey’s child endangerment statute, potential charges can include:

• Possession or viewing: generally a third-degree crime for fewer than 1,000 items, a second-degree crime for at least 1,000 but fewer than 100,000 items, and a first-degree crime for 100,000 or more items.
• Distribution, possession with intent to distribute, or knowingly storing or maintaining material through a file-sharing program: generally a second-degree crime, increasing to a first-degree crime when the offense involves 1,000 or more items.
• Photographing or filming a child in prohibited sexual conduct or in a sexually suggestive manner can result in a serious indictable charge under N.J.S.A. 2C:24-4.
• Causing or permitting a child to engage in prohibited sexual conduct can also result in first- or second-degree charges depending on the accused person’s relationship to the child and the conduct alleged.

Distribution-related convictions can also carry mandatory periods of parole ineligibility. The exact sentencing exposure depends on the subsection charged, the item count, prior convictions, and other facts. Some convictions can also trigger registration requirements under Megan’s Law.

How These Cases Move Through New Jersey Criminal Court

Investigations may begin with the New Jersey State Police, an Internet Crimes Against Children task force, local police, or a county prosecutor’s office. Because these are indictable offenses, the case generally proceeds through the Superior Court, Law Division, rather than municipal court. For example, an Atlantic County case is ordinarily handled in the criminal division in Mays Landing.

Potential Defenses to Child Pornography Charges

A defense should focus on the specific conduct the State must prove and the digital evidence connecting that conduct to the accused. Depending on the facts, issues may include:

• Lack of knowing possession: automatic downloads, unsolicited files, cached material, or other circumstances may raise questions about whether the person knowingly possessed or viewed the material.
• Shared access: when other people used the same device, account, or network, login records, timestamps, and user activity may be important.
• Unlawful search: defects in a warrant, consent, probable cause, or the scope of a search may support a motion to suppress evidence.
• Digital-forensics issues: the defense may examine how investigators collected, preserved, and analyzed the data and whether the conclusions match the device activity.
• Material outside the statutory definition: the State must prove that the files satisfy New Jersey’s legal definition; a file name or service-provider label alone does not resolve that question.

File-sharing allegations require particular attention because New Jersey law separately addresses knowingly storing or maintaining this material through a file-sharing program where it can be made available to others. The defense must therefore address the specific conduct alleged rather than relying only on whether a file was intentionally sent to another person.

Have a Certified Criminal Trial Attorney Review the Evidence

Melissa Rosenblum is certified by the Supreme Court of New Jersey as a Certified Criminal Trial Attorney and has argued before the New Jersey Supreme Court. If you are being investigated or have been charged, early review of the warrant, forensic report, device history, and charging documents can help identify the issues that matter most to your defense. Call (609) 904-6262 or contact us online for a free consultation.