Sexting & Explicit Photos: Legal Risks in Union County, NJ

Understanding the Risks and Legal Consequences of Sexting & Explicit Image Sharing in Union County, New Jersey

In today’s digital age, sharing explicit photos or engaging in sexting has become increasingly common. However, what may seem like a harmless act can have severe legal repercussions, especially in New Jersey, where laws regarding explicit content are strict. If you’re in Union County, NJ, and find yourself facing charges related to sexting or sharing explicit photos, it’s imperative to understand the potential consequences and seek expert legal representation to protect your rights and future.

Brett M. Rosen Sexting & Explicit Image Sharing Defense Attorney

Navigating New Jersey’s Laws on Explicit Images

New Jersey has several laws that can apply to cases involving sexting or the transmission of explicit photos. Some of the most relevant statutes include:

• Endangering the Welfare of a Child (N.J.S.A. 2C:24-4): This law prohibits the creation, possession, or distribution of child pornography, which is defined as any visual depiction of a child engaging in a prohibited sexual act or portrayed in a sexually suggestive manner. If the explicit photos involve a minor (under 18), even if it’s self-produced content, it could fall under this statute and lead to serious charges.
• Cyber Harassment (N.J.S.A. 2C:33-4.1): This law prohibits using electronic communication to threaten, harass, or annoy another person. If you send explicit photos without the recipient’s consent or with the intent to cause them distress or alarm, you could be charged with cyber harassment.
• Invasion of Privacy (N.J.S.A. 2C:14-9): New Jersey law also prohibits the distribution of sexually explicit images without the depicted person’s consent, commonly known as “revenge porn.” If you share intimate photos or videos of someone without their permission, you could face charges under this statute.
• Other Potential Charges: Depending on the specific circumstances, other charges could apply, including:
  
  • Obscenity
  • Lewdness
  • Endangering the welfare of an incompetent person
  • Distribution of obscene material to a minor

Penalties and Consequences

The penalties for offenses related to sending or sharing explicit photos can be severe, depending on the specific charges and the circumstances of your case. These may include:

• Jail or Prison Time: Depending on the severity of the charge, you could face incarceration ranging from several months to several years.
• Hefty Fines: You may be required to pay substantial fines, placing a financial burden on you.
• Megan’s Law Registration: If convicted of certain sex offenses, you may be required to register as a sex offender under Megan’s Law, which carries significant restrictions and social stigma.
• Permanent Criminal Record: A conviction can result in a permanent criminal record, impacting your employment, housing, education, and other opportunities.
• Other Consequences: Depending on the case, additional consequences may include:
  
  • Probation or parole
  • Mandatory counseling or sex offender treatment programs
  • Loss of professional licenses
  • Immigration consequences for non-U.S. citizens

Penalties Chart for Certain Charges in New Jersey

Potential Defenses in Explicit Image Cases

Union County Sex Crimes Defense Lawyer

The specific defense strategies employed will depend on the unique facts and evidence of your case. Some common defenses that may be applicable include:

• Consent: If the recipient of the explicit photos was of legal age and gave their consent, this can be a strong defense.
• Lack of Intent: If you can demonstrate that you did not intend to harass, intimidate, or cause harm by sending the explicit photos, the charges may be reduced or dismissed.
• False Accusations or Mistaken Identity: If you believe you’ve been wrongly accused or misidentified, we will investigate the allegations and gather evidence to prove your innocence.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove the elements of the offense, we will challenge the charges and seek a dismissal.
• Violation of Constitutional Rights: If the police violated your constitutional rights during the investigation or arrest, such as conducting an illegal search or seizure or failing to provide Miranda warnings, we can seek to have the evidence suppressed or the charges dismissed.
• First Amendment Protection: In some cases, the explicit images may be considered protected speech under the First Amendment.

FAQs about Sending Explicit Photos in Union County, NJ

1. Can I get in trouble for sending explicit photos to someone who is over 18?

• Yes, even if the recipient is an adult, you can still face charges if you send explicit photos without their consent or with the intent to harass, intimidate, or cause them emotional distress.

2. What if I was just joking or sexting with someone I thought was my age?

• While intent is a factor, ignorance of the recipient’s age is generally not a defense to charges related to child pornography or endangering the welfare of a child.

3. Can I be charged if I only received explicit photos but didn’t send any?

• Yes, possessing or distributing explicit images of a minor can still lead to charges, even if you didn’t create the images yourself.

4. What should I do if someone is threatening to share explicit photos of me without my consent?

• If you’re being threatened with the distribution of intimate images without your consent, it’s important to contact the police and seek legal counsel immediately. An attorney can help you understand your rights and options, including obtaining a restraining order or pursuing criminal charges against the perpetrator.

5. Can I get a charge related to sending explicit photos expunged from my record?

• The possibility of expungement depends on the specific charge and your eligibility. Certain offenses, like child pornography, may not be eligible for expungement. An attorney can assess your situation and advise you on the expungement process.

Additional FAQs of Sending Explicit Photos

1. Can I be charged in New Jersey for sending explicit photos even if I’m in another state?

• Yes, even if you are physically located in another state when sending explicit photos to someone in New Jersey, you can still be charged under New Jersey law if the conduct has an impact within the state.

2. What if I delete the explicit photos? Can I still be charged?

• Deleting explicit photos does not necessarily eliminate the possibility of charges. Law enforcement may still be able to recover deleted images, and other evidence, such as text messages or witness statements, can be used to support charges.

3. Can I be charged with a crime for possessing explicit photos on my phone, even if I didn’t send them to anyone?

• If the photos depict a minor, even if you didn’t create or distribute them, you could be charged with possession of child pornography, which is a serious offense.   

4. What are the penalties for “revenge porn” in New Jersey?

• Distributing sexually explicit images of someone without their consent, with the intent to harm or harass, can be a third-degree crime in New Jersey, punishable by up to 5 years in prison and a fine of up to $15,000.

5. Can I face federal charges for sending explicit photos?

• Yes, in certain circumstances, such as if the photos were sent across state lines or involved interstate commerce, you could also face federal charges in addition to state charges. Federal charges often carry harsher penalties.   

Extra FAQs  

• What if I was pressured or coerced into sending explicit photos? Can that be a defense?

  • If you were forced or coerced into sending explicit photos, particularly in cases involving minors, you may have a potential defense based on duress or coercion. However, it’s crucial to consult with an attorney to assess the specific circumstances and determine the viability of this defense.

• Can a sexting conviction affect my ability to get a job or housing?

  • Yes, a conviction for any offense related to sending explicit photos can appear on background checks and negatively impact your ability to secure employment or housing, especially in fields involving children or sensitive information.   

• What if I’m a minor and get caught sexting? Will I face the same penalties as an adult?

  • Minors charged with sexting or related offenses are typically handled in juvenile court, which focuses on rehabilitation rather than punishment. However, the consequences can still be serious, including probation, community service, and mandatory counseling.   

• Can I face charges for sending explicit photos even if the recipient consented?

  • In some situations, yes. If the recipient is a minor, even with their apparent consent, you could face charges related to child endangerment or child pornography. Additionally, if the photos were shared with others without the original recipient’s consent, you could be charged with invasion of privacy or other offenses.

• What if I didn’t know the person I was sexting was underage?

  • Ignorance of the recipient’s age is generally not a defense to charges related to child pornography or endangering the welfare of a child. It’s essential to be cautious when engaging in online communication and avoid exchanging explicit content with anyone you haven’t met in person and verified their age.   

These are just some of the common questions individuals facing charges related to sending explicit photos might have. Contact Attorney Rosen today to discuss your case.

Why Choose Brett M. Rosen, Esq. as Your Union County Sex Crimes Defense Attorney

If you’re facing charges related to sending explicit photos in Union County, NJ, it’s crucial to seek immediate legal representation from an experienced criminal defense attorney. Brett M. Rosen, Esq., and his team understand the sensitive nature of these cases and are dedicated to providing compassionate and aggressive legal defense.

We offer:

• Extensive Experience in Sex Crimes Defense: We have a proven track record of success in defending clients against a wide range of sex crimes, including those involving sexting and explicit images.
• In-Depth Knowledge of NJ Laws: We stay up-to-date on the ever-evolving laws surrounding sexting and explicit images and are intimately familiar with the court procedures in Elizabeth and Union County.
• Personalized Attention & Strategic Defense: We understand the sensitive nature of these cases and provide discreet and confidential legal representation. We will meticulously investigate the allegations, challenge the evidence against you, and build a strong defense strategy tailored to your specific circumstances.
• Commitment to Protecting Your Rights and Future: We are dedicated to fighting for your rights and minimizing the impact of these charges on your life. We’ll work tirelessly to achieve the best possible outcome, whether that’s a dismissal of charges, a reduction in penalties, or an alternative resolution.

Call Now

Sending or sharing explicit photos, even in seemingly harmless situations, can have serious legal consequences in New Jersey. If you’re facing charges related to sexting or explicit images in Elizabeth, NJ, don’t navigate the legal system alone. Contact Brett M. Rosen, Esq., today for a free and confidential consultation. We will provide you with experienced and compassionate legal representation to protect your rights and fight for the best possible outcome.

Call us now at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your free consultation.

We’re here to help you every step of the way.

Disclaimer: This information is for general informational purposes only and should not be construed as legal advice. It is crucial to consult with an experienced attorney regarding your specific legal situation.