Deleting images of child sexual abuse material from a computer or other devices doesn’t necessarily mean you can’t or won’t face child pornography charges.
If you had possession at one point, you can still face charges, even if you are not currently in possession of any child sexual abuse material. Law enforcement may be able to restore images that you thought were deleted but were not actually permanently removed from your computer. Deleted images can still lead to first- or second-degree charges for endangering the welfare of children. Don’t assume that deleting images protects you from an arrest or conviction.
Get a free case review from the Atlantic City, NJ child pornography possession defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956.
Can You Still Face Child Pornography Charges for Deleted Images in New Jersey?
Even if child sexual abuse material has been deleted from a computer or other device, that doesn’t negate the fact that the device owner once possessed such images, meaning they can still face charges for child pornography.
Can Deleted Images Still Lead to Federal Child Pornography Charges?
Deleted images can also still lead to federal child pornography charges, which may carry even harsher consequences than state charges, such as serving a sentence in federal prison.
Can Deleted Videos Still Lead to Child Pornography Charges in New Jersey?
Defendants can also still face child pornography charges for deleted videos that they once had in their possession but have since been deleted, provided the prosecution can prove they once owned the videos.
Can New Jersey Law Enforcement Recover Deleted Child Pornography Charges?
Police have digital forensic tools and experts at their disposal that may allow them to recover deleted images and videos from devices like computers, cellphones, and hard drives.
Images may not be permanently deleted, even if you think they are, and law enforcement might not have to go to great lengths to recover them.
What Child Pornography Charges Can You Face for Deleted Images in New Jersey?
You can face serious first- or second-degree charges for possession of child sexual abuse material, even if you have since deleted it from your devices.
First-Degree Crime
Knowingly distributing, storing, or possessing 1,000 or more images depicting the sexual abuse or exploitation of a child is a first-degree crime in New Jersey.
You could also be charged with a first-degree crime as the leader of a child pornography network if, in addition to recovered deleted images, the police find evidence that you conspired with others to organize a network to exchange child sexual abuse material.
Second-Degree crime
Knowingly distributing, storing, or possessing less than 1,000 images depicting the sexual abuse or exploitation of a child is a second-degree crime in New Jersey, still a very serious offense that involves mandatory prison time, even for first-time offenders.
Is it Illegal to Delete Images to Avoid Child Pornography Charges in New Jersey?
Deleting images to avoid child pornography charges could be viewed as obstruction of justice or tampering with evidence if you knew the police were investigating you for possession of child pornography. This can lead to more charges in addition to those for child pornography possession.
What Kinds of Deleted Images Can Lead to Child Pornography Charges in New Jersey?
Any deleted images depicting the sexual exploitation or abuse of a child that are recovered by law enforcement and proven to have been in your possession can lead to child pornography charges in New Jersey, more specifically, endangering the welfare of children.
Can the Prosecution Still Convict You of Child Pornography Charges if You Deleted the Images?
The prosecution can still charge and possibly convict you of child pornography charges if it can restore the images on your devices to prove that you once possessed those images and took steps to delete them and hide evidence of your possession.
Can You Still Go to Prison for Deleted Child Pornography Images in New Jersey?
Because you can still be convicted of child pornography, you can still go to prison for deleted images.
For a second-degree offense, you may face a mandatory minimum sentence of 5 years in prison and may have to pay up to $150,000 in fines. For a first-time first-degree offense, you may face a mandatory 10-year sentence in most cases and may have to pay up to $200,000 in fines, or more.
Should You Consider a Plea Deal if You Deleted Child Pornography Images in New Jersey?
Deleting child pornography images does not guarantee that you will avoid charges, as law enforcement may restore images. In such situations, defendants may negotiate plea deals with help from our New Jersey child pornography possession defense lawyers.
Do not consider or accept a plea before having our lawyers review it for fairness.
Is Prison Mandatory for Possession of Child Pornography in New Jersey?
Prison is typically mandatory for anyone convicted of charges for possession of child pornography, whether images have been deleted or not.
Can You Keep Deleted Images Out of a Child Pornography Case?
Our attorneys may be able to keep deleted images out of a child pornography case if they were obtained by the police illegally and without a warrant. If the images cannot be used as evidence against you, the prosecution might not have much else to use.
What if the Police Can’t Find Evidence of Deleted Images?
If the police accuse you of having child sexual abuse material on your devices but they cannot find any evidence that you once possessed these images, the prosecution may not be able to charge you with anything.
Get Help from Our New Jersey Criminal Defense Attorneys
For your free case discussion with our Cape May, NJ child pornography possession defense lawyers, call the Law Offices of John J. Zarych at (609) 616-4956.