Under federal and state law, possession of child pornography is illegal. The New Jersey law dictates that child porn possession is a crime, along with creating or distributing child pornography materials. Child pornography falls under the Endangering the Welfare of a Child statute, which is a serious offense.
Imagery of child porn is an issue when it comes to cartoon pornography, and there is debate whether this is considered illegal. There is no direct harm done to any child because of animated pornography since these figures are not real. However, anyone possessing such material may be arrested and charged with a very severe crime.
Are There Laws That Ban Cartoon Porn?
Some countries and states have strict laws regarding animated or virtual pornography. In some states, it may be hard to determine if anime or cartoon porn is illegal. If you are concerned or you are facing charges, it is advisable to quickly seek legal counsel.
Animation Porn in the United States
Depending on the state, animation of child porn may be considered illegal, as well as the distribution of child pornography or child erotica. Since the laws regarding cartoon imagery are hard to decipher, it is crucial to speak to an experienced criminal defense lawyer who will explain the legalities to you. Additionally, a lawyer will evaluate your case and protect your rights. Child pornography charges often carry serious penalties. In New Jersey, there are several offenses:
- First-degree offense: Forcing a child to engage in sexual acts or the simulation of sexual acts with the child knowing that he or she is being filmed. Penalties can include 10 to 20 years in prison, and a $200,000 fine.
- Second-degree offense: Producing materials of child pornography. Penalties can include imprisonment of 10 years, and a $150,000 fine.
- Third-degree offense: Viewing or possessing child porn. Penalties can include three to five years in jail, and a fine of $15,000.
Obscenity and Free Speech
When it comes to possession of animated child porn, the issue of obscenity vs. free speech is critical. Free speech is protected, and if the animated videos have any literary or artistic merit, the court might not consider them obscene. Of course, what a judge or jury considers obscene depends on the locale and community standards. In some courtrooms, cartoon images may be considered obscene.
Should I Seek Legal Representation?
It is hard to determine what cartoon images qualify as child pornography and whether it is illegal. If you are facing charges, contact an experienced lawyer right away. A lawyer who is knowledgeable about these laws will determine if you are in violation and will be able to construct a strong defense. The penalties for child pornography are serious, so it is crucial that you explore your legal options to protect your rights.
South Jersey Child Pornography Defense Lawyers at Aita Law, LLC Defend Those Charged with Child Pornography
If you were charged with child pornography, you need the services of one of our respected South Jersey child pornography defense lawyers at Aita Law, LLC. Call us at 856-287-7800 or contact us online for a free consultation today. We will fight for your rights to fair treatment and help you achieve the best possible outcome for your case. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.