Child Pornography (Child Sexual Abuse Material) in New Jersey

N.J.S.A. 2C:24-4 · Sex Offenses & Offenses Involving Children

What the law says

The section prohibits child-care providers from engaging in sexual conduct that would impair or debauch a child’s morals, and prohibits conduct that causes a child to be abused or neglected. It also prohibits causing, depicting, distributing, possessing, viewing, or controlling items depicting the sexual exploitation or abuse of a child, with offenses graded according to the conduct and, in some cases, the number of items involved.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:24-4, that means:

• A person who has a legal duty to care for a child, or has assumed responsibility for the child’s care, engages in sexual conduct that would impair or debauch the child’s morals.
• A person who has a legal duty to care for a child, or has assumed responsibility for the child’s care, causes harm that would make the child an abused or neglected child as defined in the cited statutes; the section also applies to any other person who engages in conduct or causes harm described in either paragraph of subsection a.
• A person causes or permits a child to engage in a prohibited sexual act or its simulation, or to be portrayed in a sexually suggestive manner, while knowing, having reason to know, or intending that the act or portrayal may be photographed, filmed, reproduced, reconstructed, or included in an exhibition or performance.
• A person photographs or films a child in a prohibited sexual act or its simulation, or for portrayal in a sexually suggestive manner, or uses a device, including a computer, to reproduce or reconstruct such an image.
• A person knowingly distributes an item depicting the sexual exploitation or abuse of a child; knowingly possesses such an item with intent to distribute it; or knowingly stores or maintains such an item in a file-sharing program designated as available for searching or copying by other computers.
• A person knowingly possesses, views, or has under their control, through any means including the Internet, items depicting the sexual exploitation or abuse of a child; the applicable degree depends on the number of items.

How the charge is graded

• Under subsection a.(1), a person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in the described sexual conduct is guilty of a crime of the second degree. Any other person who engages in conduct or causes harm as described in this paragraph to a child is guilty of a crime of the third degree.
• Under subsection a.(2), a person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who causes the described harm is guilty of a crime of the second degree. Any other person who engages in conduct or causes harm as described in this paragraph to a child is guilty of a crime of the third degree.
• Under subsection b.(3), a person commits a crime of the first degree.
• Under subsection b.(4), a person commits a crime of the second degree.
• Under subsection b.(5)(a), a violation involving 1,000 or more items depicting the sexual exploitation or abuse of a child is a crime of the first degree; otherwise it is a crime of the second degree.
• Under subsection b.(5)(b)(i), knowingly possessing, viewing, or having under one’s control 100,000 or more items depicting the sexual exploitation or abuse of a child is a crime of the first degree.
• Under subsection b.(5)(b)(ii), knowingly possessing, viewing, or having under one’s control at least 1,000 but less than 100,000 items depicting the sexual exploitation or abuse of a child is a crime of the second degree.
• Under subsection b.(5)(b)(iii), knowingly possessing, viewing, or having under one’s control less than 1,000 items depicting the sexual exploitation or abuse of a child is a crime of the third degree.

Penalties in the statute

• For an offense under subsection b.(5)(a) involving at least 25 but less than 1,000 items, the defendant shall be sentenced to a mandatory minimum term of imprisonment, fixed at, or between, one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall be ineligible for parole.
• For an offense under subsection b.(5)(a) involving 1,000 or more items, the defendant shall be sentenced to a mandatory minimum term of imprisonment, fixed at, or between, one-third and one-half of the sentence imposed by the court or 10 years, whichever is greater, during which the defendant shall be ineligible for parole.
• A person convicted of a second or subsequent offense under subsection b.(5)(a) shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7.
• For an offense under subsection b.(5)(b) involving 100 or more items, the court shall impose a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that imprisonment would be a serious injustice which overrides the need to deter such conduct by others.
• A person convicted of a second or subsequent offense under subsection b.(5)(b) shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• For subsection b., “child” means any person under 18 years of age.
• An “item depicting the sexual exploitation or abuse of a child,” “child sexual abuse or exploitation material,” or “CSAEM” includes a photograph, film, video, electronic, electromagnetic, or digital recording, an image stored or maintained in a computer program or file or part of a file, or another reproduction or reconstruction that depicts a child engaging in or simulating a prohibited sexual act, or portrays a child in a sexually suggestive manner.
• A person depicted as or presenting the appearance of being under 18 in a photograph, film, videotape, computer program or file, video game, or other reproduction or reconstruction is rebuttably presumed to be under 18.
• If the child depicted or caused to engage in a prohibited sexual act or its simulation, or portrayed in a sexually suggestive manner, is under 18, the actor is strictly liable. It is not a defense that the actor did not know the child was under 18 or believed the child was 18 or older, even if that belief was reasonable.
• For prosecution under subsection b.(5)(a)(iii), the State need not prove that another user or person actually searched, copied, transmitted, or viewed the item. It is no defense that the defendant did not intend to distribute it. The State also need not prove that the defendant knew the item was available for searching or copying; the defendant is strictly liable for failing to designate it as unavailable for searching or copying.
• For subsection b.(5)(a), “possess” includes receiving, viewing, or having an item under one’s control through any means, including the Internet.
• A second or subsequent offense under subsection b.(5)(a) or b.(5)(b) includes a conviction at any time under paragraph (3), (4), or (5) of subsection b., or under a substantially equivalent statute of the United States, this State, or another state.
• For aggregation, each depiction is a separate item; a photograph, picture, image, or similar visual depiction counts as one item, and a film, video, video-clip, movie, or similar visual depiction counts as 10 separate items. Each individual act of distribution counts as a separate item.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Challenging the reliability and consistency of the allegations
• Forensic review of digital evidence, devices, and timelines
• Suppression of statements and evidence from unlawful searches
• Addressing Megan's Law registration and parole supervision for life exposure in any negotiation

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Child Pornography (Child Sexual Abuse Material) charge.

Related charges

• Luring or Enticing a Child →
• Sexual Assault →
• Criminal Sexual Contact →
• Lewdness →
• Invasion of Privacy →
• Endangering the Welfare of a Child →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.