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New Jersey Sexting Criminal Defense Lawyers

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Internet sex crimes present harsh penalties for convicted offenders, including sexting charges that endanger the welfare of a child. Our New Jersey sexting criminal defense lawyers understand the severity of these charges and explore every avenue to clear your name. At Aiello, Harris, Abate Law Group PC, we approach these cases without judgment and create compelling defenses for our clients.

New Jersey Sexting Law Overview – 2C:24-4

The New Jersey Code of Criminal Justice recognizes various internet sex crimes through N.J.S.A. 2C:24-4 as first- and second-degree offenses. Criminal activity includes:

  • Portraying a minor in a sexually aggressive manner
  • Permitting a child to engage in a sexual act
  • Filming or photographing a minor in a sexually suggestive manner
  • Storing or distributing items depicting child exploitation on the internet

Even if the offender is under the age of 18, they still face legal implications under the state’s juvenile sexting laws. A sexting defense lawyer can help you make sense of the legislation and consequences of exploiting minors.

Endangering the Welfare of a Child

To protect minors, law enforcement officials can present someone with second-degree criminal charges if they have a legal duty to care for a child and cause them harm through neglect, abuse, or sexual conduct. Those who act in this manner but do not have a legal responsibility to care for the child will face third-degree charges.

How exactly could someone commit these acts? Child endangerment charges may stem from the following sex crimes.

Child Pornography

Being convicted of possessing, distributing, and producing child pornography comes with harsh penalties, including large fines and lengthy prison sentences. However, New Jersey sexting criminal defense lawyers gather sufficient evidence and use strong defense strategies to either reduce the sentence or clear the defendant’s name.

Promoting Obscene Material to Children

A minor doesn’t have to be engaging in sexual conduct for these charges to come to fruition. Law enforcement officials target offenders who share obscene items with children, such as pornographic videos or images.

 

Case Study

Sexual Assault Charges Dismissed in Somerville, NJ

A recent case in Somerset County, Somerville, New Jersey, venue in the Superior Court proved that point.  A man was accused of sexual assault, violation of NJSA 2C: 14-2. The allegation was that while a woman was drunk, he took advantage of her and committed the act of sexual assault. He was in prison for five to 10 years, under Megan’s Law.

Special Considerations for the Minors Involved

New Jersey views sexting between two minors as a criminal offense, though there are some special considerations in place. Whereas adults engaging in these acts typically face punishment, those under 18 have growth opportunities.

Rehabilitation, Prevention, and Education

The state aims to educate those facing juvenile sexting charges so they understand that their seemingly innocent act is a form of child pornography. Rehabilitation programs exist to prevent this harmful behavior.

Sexting Legal Defenses and Protections

New Jersey sexting criminal defense lawyers passionately support defendants with the following strategies:

  • Identifying weaknesses in the prosecution’s case and evidence
  • Questioning the prosecutor’s compliance with the statute of limitations
  • Arguing about unlawful searches and seizures
  • Emphasizing the defendant’s lack of knowledge that the victim is a minor

A reputable New Jersey sex crime attorney will explore every possible defense to make the outcome more favorable for their client.

Sexting and Federal Law

While no federal statutes exist for the act of sexting, the legislation does extend to offenses like possessing, producing, or distributing child pornography. If a minor sends you a sexually explicit image of themself and you distribute it to others, federal prosecutors will try to convict you.

Learn about New Jersey’s sex crime laws.

Juvenile or Adult Court?

Say two 17-year-olds are involved in a sexting case. Due to their age, the case will proceed in juvenile court. Defendants over 18, however, will be tried in adult court.

Diversionary Program for Juveniles Who Are Criminally Charged for Sexting

Certain protections exist for minors engaging in sexting. Rather than facing harsh punishments, New Jersey sexting criminal defense lawyers argue for the accused to participate in the state’s diversion program. Depending on their culpability, a judge may or may not rule for minors to participate in this program.

Is Expungement for Juveniles Possible?

Clearing your criminal record may be possible if you’re charged as a minor. To be eligible for expungement, you must complete a mandatory waiting period with no new convictions or pending charges.

Adults, on the other hand, don’t have the same protections available. Expungement isn’t possible for certain sex crimes, including child pornography charges. Courts also place the following punishments on offenders.

Megan’s Law Sex Offender Registration

Convicted sex offenders must join the state’s official registry under Megan’s Law. This alerts communities to the possible dangers an individual presents.

Parole Supervision for Life

The State Parole Board will continue to monitor those convicted of sex crimes. Officers may restrict activities like traveling out of state and using the internet to prevent illegal activity through New Jersey’s parole supervision for life (PSL) program.

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Aiello, Harris, Abate Law Group PC Is Ready To Defend You

Sexual criminal charges can suddenly bring your future into question. Let our New Jersey sexting criminal defense lawyers advocate for you. We take on cases for both juvenile and adult offenders with dedication.

Call us today at (908) 873-3571 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

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