On March 18, the New Jersey Senate passed a bill that could have important implications for anyone accused of possessing child pornography or distributing child pornography. While the bill still needs to clear the New Jersey Assembly and be signed by the governor to become law, so far it has received broad bipartisan support; it flew through the Senate on a unanimous vote, and is not likely to lose momentum.
Mandatory sentences, expanded definition of distribution of child pornography
The new bill enhances the penalties under New Jersey law for both possession and distribution of child pornography. One of the key provisions is a requirement that those convicted of distributing 25 or more images of child pornography would be automatically sentenced to a minimum term of five years for a first offense. The bill would also require first time offenders to serve at least 85 percent of their sentence in prison, and would completely eliminate the possibility of parole for repeat offenders.
Other provisions in the proposed law would:
● Tighten regulation of peer-to-peer file sharing networks, making storage of child porn files on such networks a more serious distribution crime as opposed to simply a possession offense
● Broaden child pornography laws to cover all victims under the age of 18 (current New Jersey child pornography laws only apply to depictions of victims under the age of 16)
● Subject those convicted of child pornography possession or distribution to parole supervision for life
● Add possession of child pornography to the list of offenses that may not be expunged from an individual’s criminal record
Proposed child porn law not without its flaws
While the new child pornography bill has been widely supported by lawmakers, it does raise certain concerns.
Some commentators criticize the bill’s use of cookie cutter mandatory sentences. These one-size-fits-all sentences remove discretion from judges, preventing them from taking individual circumstances into account. The editorial board of New Jersey’s largest online newspaper, the Star-Ledger, likened the new mandatory sentencing scheme to the failed policies of the War on Drugs, saying, “Should a defendant who was himself the victim of abuse, or someone with [severe developmental disabilities] who was coerced, automatically receive the same sentence as a ruthless predator?”
Another potential problem with the new law is its potential to impose lifetime consequences on youthful offenders who engage in “sexting” or otherwise trade sexually explicit images with their peers. While sexting is a widespread practice among teens, New Jersey’s child pornography laws are based on the age of the person being portrayed, not the age of the person distributing or possessing the image; even an underage student who sends a sexually explicit image of him- or herself to a boyfriend or girlfriend could be in violation of the law.
For one New Jersey high school, the problem recently became evident. In early March, school officials at Ridgewood High School found that students were exchanging sexually revealing photos of themselves via the Smartphone apps Snapchat and Instagram. Local law enforcement became involved, warning students and parents about the potential for child pornography charges. The police launched an amnesty period, and gave Ridgewood students until 7 a.m. on March 18 to delete illicit photos without facing legal action. Yet, the underlying issues surrounding teenage sexting and child pornography laws remain.
Facing child porn charges? Speak to a criminal defense attorney as soon as possible
For those accused of possessing or distributing child pornography, the new bill means an even harsher array of possible sanctions. Even if you reasonably believed that the person depicted in a sexual act was 18 or over, it is no defense to child pornography charges. Likewise, it under the new bill, possession charges may be enhanced to distribution charges even without an intent to distribute if the illicit content was available for other users to download through a file-sharing program.
If you’ve been accused of a child pornography offense, you are facing serious consequences, and need to stage a strong legal defense. Contact a criminal defense attorney immediately to explore your options.
