NJ Federal Criminal Defense Attorney Fights Child Pornography Charges
Staunch defense against allegations of child sexual exploitation
Child pornography charges can destroy your reputation beyond repair. If you’re facing these allegations, you need more than a capable defense, you need an experienced attorney with the poise and confidence to handle a high-profile case without allowing it to turn into a media circus. The Law Office of David Jay Glassman has more than 30 years of experience in tough court battles on the state and federal levels in New Jersey.
When does child pornography become a federal crime?
As with human trafficking, the basis for charging child pornography as a federal crime comes from the Commerce Clause of the U.S. Constitution. Child pornography becomes a federal crime if any of these elements enter interstate commerce:
- Production — Creating a sexually suggestive image of a child that travels across state lines is a federal crime. Having anyone post such an image that you created to the Internet is sufficient to invoke the Commerce Clause. A first conviction can result in fines and a statutory minimum sentence of 15 to 30 years in federal prison.
- Distribution — Sending a sexually suggestive image of a child across state lines or posting it to the Internet is a federal crime. A conviction results in fines and a statutory minimum sentence of 5 to 20 years in federal prison.
- Reception — Obtaining a child pornography image from across state lines or downloading it from the Internet is a federal crime.
- Possession — Having in your possession a child pornography image that came through interstate commerce is a federal crime. Having a date file on your computer of a child pornography image downloaded off the Internet is sufficient for a violation.
Sentences are harsher for aggravated offenses, where the images are violent, sadistic or masochistic, a minor is sexually exploited or the alleged offender has a prior conviction.
Managing overzealous prosecutions in the federal courts of NJ
Because Internet child pornography is such a heinous crime, state and federal prosecutors may be overzealous in pursuing criminal charges when it’s not appropriate. Images do not have to be overtly sexual to cross the threshold for child pornography. For example, parents who take pictures of their children bathing have been caught up in overzealous prosecutions. The law also doesn’t take into consideration the age of the offender; teenagers caught up in the sexting craze, who send nude images of themselves electronically to other teens, have technically violated child pornography laws. At the Law Office of David Jay Glassman, we assert your rights as we present the facts in the best possible light.
Get a zealous legal defense against child pornography charges in NJ
Allegations associated with Internet child pornography can destroy your reputation and career. The Law Office of David Jay Glassman draws on decades of experience to deliver poised and professional defense that protects your rights. From our offices in Marlton, Newark, New Brunswick and Hackensack, our legal team handles cases throughout New Jersey. Call today at 866-221-1270 or contact us online to schedule a detailed evaluation of your case.