2C:24-4(b)(3)&(4) Charges Defense Attorney Elizabeth, NJ

2C:24-4b(3) Defense Attorney in Elizabeth, New Jersey

Being accused of endangering the welfare of a child is a deeply distressing experience with severe potential consequences in Elizabeth, NJ. New Jersey Statute 2C:24-4(b)(3) addresses a specific form of child endangerment involving the distribution, possession, or production of child pornography. These charges are incredibly serious, carrying hefty penalties and lifelong repercussions that can impact every aspect of your life. If you or someone you know is facing such accusations in Elizabeth, NJ, securing immediate and skilled legal representation is absolutely critical.

Brett M. Rosen, Esq., a highly respected criminal defense attorney with extensive experience handling sensitive and complex cases, understands the gravity of 2C:24-4(b)(3) charges. He is committed to providing compassionate and aggressive representation to those accused, ensuring their rights are protected, and fighting tirelessly for the best possible outcome.

Understanding the Specifics of 2C:24-4(b)(3)

New Jersey Statute 2C:24-4 addresses endangering the welfare of a child. Subsection (b)(3) focuses on the following offenses:

• Distribution of Child Pornography: This includes knowingly distributing, offering to distribute, or possessing with intent to distribute any image or representation of a child engaged in a prohibited sexual act or simulation of such an act.
• Possession of Child Pornography: This involves knowingly possessing or viewing any image or representation of a child engaged in a prohibited sexual act or simulation of such an act.
• Production of Child Pornography: This includes filming, photographing, or otherwise creating any image or representation of a child engaged in a prohibited sexual act or simulation of such an act.

Key Elements of the Offense:

• Child: The statute defines a child as anyone under the age of 18.
• Prohibited Sexual Act: This includes any act of sexual penetration or sexual contact with a child, as well as any lewd act or simulation of such an act that would impair or debauch the morals of a child.
• Knowing Conduct: The prosecution must prove that you knowingly possessed, distributed, or produced the child pornography. This means you were aware of the nature and content of the material.

Potential Penalties and Consequences

A conviction under 2C:24-4(b)(3) carries severe penalties and life-altering consequences:

• Imprisonment: The degree of the crime and the potential prison sentence depend on the specific offense:
  
  • Distribution: Second-degree crime, punishable by 5 to 10 years in state prison.
  • Possession: Third-degree crime, punishable by 3 to 5 years in state prison.
  • Production: Second-degree crime, punishable by 5 to 10 years in state prison.
• Fines: You could face substantial fines, ranging from thousands to tens of thousands of dollars.
• Megan’s Law Registration: A conviction under this statute mandates registration as a sex offender under Megan’s Law. This means your personal information, including your address and photograph, will be publicly available, and you may face restrictions on where you can live and work.
• Parole Supervision for Life: Individuals convicted under this statute may be subject to parole supervision for life, which involves ongoing monitoring and restrictions on your freedom.
• Social Stigma: Even if you avoid jail time, a conviction for child pornography carries a significant social stigma that can damage your reputation and relationships.
• Impact on Employment and Housing: A criminal record, especially for a sex offense, can make it extremely difficult to find employment, secure housing, or obtain certain professional licenses.
• Internet Restrictions: You may face restrictions on your internet usage and access to certain websites or online platforms.

Chart of the Potential Penalties of Possessing Child Pornography in Elizabeth, NJ

Defenses Against 2C:24-4(b)(3) Charges

Defending against child pornography charges requires a meticulous and strategic approach. Attorney Rosen will thoroughly investigate the allegations and explore every possible avenue to protect your rights and freedom. Some potential defenses include:

• Lack of Knowledge: Challenging the prosecution’s assertion that you knowingly possessed, distributed, or produced child pornography. This could involve demonstrating that you were unaware of the nature and content of the material, or that you accidentally downloaded or accessed it.
• Entrapment: If you were induced or coerced into committing the offense by law enforcement, this could serve as a defense. This defense requires proving that you were not predisposed to commit the crime and that law enforcement’s actions went beyond merely providing an opportunity to offend.
• Lack of Possession or Control: The prosecution must prove that you actually possessed or controlled the child pornography. If you can show you never had the material in your possession or control, or that it was on a device you did not own or have access to, it may undermine the charges.
• Unlawful Search and Seizure: If your rights were violated during the investigation or arrest, such as illegal search and seizure or lack of Miranda warnings, Attorney Rosen can file motions to suppress any evidence obtained illegally. This can significantly weaken the prosecution’s case and potentially lead to a dismissal of the charges.
• First Amendment Challenges: In some cases, Attorney Rosen may raise First Amendment challenges, arguing that the material in question does not meet the legal definition of child pornography or that its possession is protected by free speech rights. However, this is a complex area of law, and success depends on the specific facts and circumstances of the case.
• Virus or Malware: If your computer was infected with a virus or malware that downloaded child pornography without your knowledge or consent, it may be a defense. However, this defense requires strong evidence to support your claim.

Why Choose Brett M. Rosen, Esq. as Your 2C:24-4(b)(3) Defense Attorney?

• Extensive Experience: Mr. Rosen has a proven track record of success in defending clients against various criminal charges, including child pornography and other sex offenses. He understands the nuances of these complex cases and the strategies needed to achieve the best possible outcome.
• Compassionate and Discreet Representation: He recognizes the sensitive nature of these charges and the emotional toll they can take on you and your family. He will handle your case with the utmost discretion and respect, providing you with the support and guidance you need throughout this difficult process.
• Aggressive Advocacy: Mr. Rosen is a fearless advocate for his clients. He will fight tirelessly to protect your rights, challenge the evidence against you, and negotiate with prosecutors to seek a reduction or dismissal of charges whenever possible.
• Personalized Attention: Mr. Rosen believes in building strong attorney-client relationships based on trust and open communication. He will take the time to understand your unique circumstances and tailor a defense strategy that meets your specific needs.
• Free Consultations: He offers free initial consultations to discuss your case and provide you with an honest assessment of your legal options.

FAQs About 2C:24-4(b)(3) Charges

1. What should I do if I’m accused of possessing, distributing, or producing child pornography?

   The most important thing is to remain silent and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not speak to the police or anyone else about the allegations without legal counsel present. Anything you say can be used against you, even seemingly innocent statements.

2. Can a 2C:24-4(b)(3) charge be downgraded in New Jersey?

   In some cases, depending on the specific circumstances and the strength of the evidence, a 2C:24-4(b)(3) charge may be downgraded to a lesser offense through plea negotiations or by presenting a strong defense in court. An attorney can assess the evidence and advise you on the likelihood of a downgrade.

3. Will a 2C:24-4(b)(3) conviction affect my parental rights?

   A conviction under this statute can severely impact your parental rights, potentially leading to restrictions on your custody or visitation rights. The court’s primary concern in these cases is the safety and well-being of the child.

4. What if I accidentally downloaded or accessed child pornography?

   If you can prove that you unknowingly or accidentally downloaded or accessed child pornography, it may be a defense. However, this requires demonstrating that you took reasonable steps to avoid accessing such material and that you promptly deleted or reported it upon discovery.

5. What if I’m falsely accused of child pornography offenses?

   False accusations can have devastating consequences. An attorney can help you gather evidence to prove your innocence, challenge the accuser’s credibility, and protect your reputation. This could involve presenting evidence of the accuser’s motives, inconsistencies in their statements, or evidence that contradicts their claims.

FAQs Continued

1. What if the child pornography was only found on my computer, not in my physical possession?

   Possessing child pornography on your computer or any electronic device is still a crime under 2C:24-4(b)(3). The statute applies to any form of possession, whether physical or digital.

2. Can I be charged with 2C:24-4(b)(3) even if I didn’t create the child pornography myself?

   Yes, possessing or distributing child pornography, even if you didn’t create it, is still a crime under this statute.

3. What if I only viewed child pornography online, but didn’t download or save it?

   Viewing child pornography online, even without downloading or saving it, can still be considered possession under 2C:24-4(b)(3). 

4. What if the alleged victim is a teenager?

   The age of the alleged victim does not change the seriousness of the charges. Any sexual conduct that would impair or debauch the morals of a child, regardless of their age, can be prosecuted under 2C:24-4(b)(3). Even if the teenager appears to have consented to the activity, it is still illegal and can result in severe penalties.

5. Can I be charged with 2C:24-4(b)(3) for possessing drawings or cartoons depicting child pornography?

   While the law primarily focuses on photographic and video depictions of child pornography, drawings or cartoons that depict children engaged in prohibited sexual acts or poses can also be considered child pornography under New Jersey law.

Don’t Face These Charges Alone in Elizabeth, New Jersey

Facing charges under 2C:24-4(b)(3) is a serious matter with potentially life-altering consequences. If you or someone you know is facing these charges in Elizabeth, New Jersey, don’t hesitate to contact Brett M. Rosen, Esq., for a free consultation. He will provide you with the compassionate and aggressive representation you need to protect your rights and fight for the best possible outcome. 908-312-0368 & brett@nynjcriminalcivilesq.com

Remember: Your future is at stake. Don’t face these challenges alone.