Child Pornography Archives - Kenneth Aita, Esq

Category: Child Pornography

Is Animated Porn Considered Child Pornography?

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.

What Are the Tiers of Megan’s Law?

In 1994, Megan’s Law was created to provide a standard, public method to identify sexual offenders. Since its inception, Megan’s Law has continued to develop. At this point, several tier classifications exist. Each tier represents a specific type of sexual offense. The tiers also determine how long a sexual offender’s name, address, workplace, image, and other identifiers must remain on statewide registries.

Being a registered sex offender can make getting a job or becoming part of a community difficult. Anyone can log onto a statewide registry and find out if a registered sex offender lives nearby, including potential employers, neighbors, friends, relatives, and journalists. Since some tiers of Megan’s Law require registration for life instead of registration for a shorter period, individuals charged with sex crimes may want to seek private legal counsel.

What is a Tier I Sexual Offender Under Megan’s Law?

Tier I classifications are reserved for people who are deemed unlikely to re-offend. Someone who is sentenced in this tier will have to register with local authorities for 15 years.

A person can be convicted as a Tier I offender if he or she:

uses the internet for illegal sexual purposes.
restrains someone.
commits indecent assault.
corrupts a minor.
sexually abuses or exploits a minor.
spies on someone through video.
is in possession of child pornography.

People classified as Tier I sexual offenders must appear yearly to verify their identities.

What is a Tier II Sexual Offender?

A Tier II sexual offender has to register for 25 years instead of 15 years. Courts see Tier II sexual offenders as having a moderate chance of re-offending.

Tier II offenders may be accused and convicted of:

sex trafficking.
committing sexual assault and indecent assault.
prostituting themselves or others.
showing or selling obscene items.
sexually abusing or exploiting children.
having unlawful sexual contact with someone who is underage, or engaging in other acts that are considered more severe than those under Tier I.

Once the 25-year period passes, a Tier II sex offender is no longer required to submit information to a Megan’s Law directory.

Tier II sexual offenders can expect to present themselves twice a year for verification.

What is a Tier III Sexual Offender Under Megan’s Law?

The Tier III classification is reserved for the most serious sexual offenses. In general, Tier III offenders are those who are most apt to re-offend, at least statistically.

An individual who is charged as a Tier III sexual offender will have to remain on a registered sexual offenders database for life. Some crimes that can lead to a Tier III classification involve rape, involuntary deviate intercourse, kidnapping, various types of sexual assault, and sexual abuse of minors.

A Tier III classified sex offender must appear no fewer than four times annually to verify identification.

Do Sexual Offenders Have to Register?

Under Megan’s Law, sexual offenders must comply with registration expectations or they will be prosecuted for non-compliance. Non-compliance is considered a felony of varying degrees based on the tier classification. Anyone who knowingly harbors, assists, or conceals a sexual offender who is non-compliant may also be charged legally.

How Are Tiers Determined?

Judges decide on the sentences of sexual offenders. A court will take many factors into consideration before determining which tier makes sense for someone convicted of a sex-related crime. Past history and criminal charges may come into play at this point.

Can Judges Change the Sentences of Sexual Offenders?

Sometimes, judges and courts choose to modify registered sex offenders’ sentences, depending upon when the crime took place and other considerations. However, if the crime involved a minor or violent behavior, or a court labels someone as a “sexually violent delinquent child” or “sexual violent predator,” the judge will usually be very strict and unbending.

Can a Tier Decision be Challenged?

A person who receives a Megan’s Law tier classification can challenge the decision within a tight timeframe. Winning a challenge without the assistance of a knowledgeable criminal defense attorney with Megan’s Law experience is difficult.

South Jersey Megan’s Law Lawyers at Aita Law, LLC Represent Clients Charged with Sex Crimes

Have you been accused of a sex crime or have recently been sentenced as a sex offender? If so, our South Jersey Megan’s Law lawyers at Aita Law, LLC are here to help. For a free consultation, contact us online or call us at 856-287-7800. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

What Can Get You Arrested While Searching on the Internet?

While simply searching for something on the internet is not likely to get you arrested, there are certain search terms that could trigger investigation by law enforcement. Owners of websites that host illegal content as well as those who post and view the content online may be liable.

Some things that can get you arrested while searching on the internet include viewing child pornography, looking up terrorism-related terms, and searches that show intent to commit a crime.

It Is Illegal to Create, Possess, and Distribute Child Pornography

Under both federal and state law, it is illegal to create, possess, or distribute child pornography. Viewing child porn on the internet may be enough to constitute possession if the viewer had the requisite intent or knowledge to possess the image or video.

If you accidentally stumble across illegal content, you will likely not get arrested if you possessed less than three illegal depictions and promptly took steps to destroy them or report the website to a law enforcement agency. However, if you continue to interact with or visit the website, your actions may then be construed as intentional and you may be charged with a crime.

A record of the websites you visit is typically stored on your computer, in your browser, your browsing history, your router and modem, and your ISP. These records can be seized by the police and used as evidence that you did indeed visit the website at issue. Creating, possessing, and distributing child pornography are considered serious crimes in New Jersey and those convicted can face imprisonment and steep fines. If you are under investigation or facing charges, contact an experienced criminal defense lawyer as soon as possible.

Illegal Search Terms

If you search for certain terms it could send red flags to cybersecurity investigators. The Federal Bureau of Investigation (FBI) has transformed since the 9/11 attacks; it is now better equipped to handle terrorist threats and other cybercrimes. Even seemingly innocent searches can lead to an investigation under certain circumstances.

Intent to Commit a Crime

There are places on the internet where someone can contract for illegal activity. The dark web is rife with the type of criminal activity that the FBI considers top priority.

Therefore, if you search for illegal activity, you may end up getting questioned by law enforcement and ultimately arrested, depending on the circumstances of your case. It is best to avoid searching for anything that could potentially lead to you getting arrested, such as searches related to child pornography, terrorism, or contracting for crimes. If you are questioned by your internet searches, it is beneficial to seek immediate legal counsel.

South Jersey Child Pornography Defense Lawyers at Aita Law, LLC Will Defend Your Legal Rights

If you are being investigated or you have been charged with a computer crime that involves the sexual exploitation of minors, contact one of our South Jersey child pornography defense lawyers at Aita Law, LLC. Our experienced attorneys can help explain your charges, evaluate your case, and plan a defense strategy. For a free consultation, contact us online or call us at 856-287-7800. Located in Haddonfield and Marlton, New Jersey, we represent clients throughout South Jersey, including Camden County and Cherry Hill.

Revenge Porn Is Criminal in New Jersey

Technology has changed our lives and how we interact with each other. Unfortunately, the increasing and disturbing trend of revenge porn has surfaced along with advanced technology; couples film each other and themselves in consensual sexual ways and share these private images or videos. Sometimes when relationships end, these private videos and images are shared on public forums and through text messages.

Definition of Revenge Porn

When revealing texts, social media posts, or emails are later used in a purposeful, humiliating way, it is defined as revenge porn. The first state to outlaw the distribution of nonconsensual pornography is New Jersey, where a criminal conviction of revenge porn can lead to time in prison or even a restraining order.

Revenge Porn is a Criminal Act

Due to advanced camera phones and social media outlets, a person’s most intimate moments can be caught in an instant. In most situations, these are consensual actions between two adults. When these images and videos are used without the other’s consent in the forms of harassment, humiliation, or blackmail, it is considered revenge porn under criminal law and is a form of nonconsensual pornography.

Criminal Distribution

The New Jersey revenge porn law criminalizes the act of distributing these videos or images without consent. New Jersey was the first state to criminalize revenge porn. Soon after, 16 other states outlawed nonconsensual pornography.

It is also considered a nonconsensual disclosure of the image, recording, or internet post. It is a criminal act regardless of when the video or image was made, even if it was consensual; motive is also not necessary as the act alone is enough for criminal charges.

Punishment for Revenge Porn

Revenge porn is also considered an invasion of privacy. Sometimes, it will be presented in domestic violence cases, which could lead to restraining orders as well. The state of New Jersey has very strict revenge porn laws that are meant to stop this heinous act. Revenge porn is considered a third-degree crime, a conviction can lead to three to five years in prison and a fine up to $15,000.

Like restraining orders, a person does not have to be in a friendly or romantic relationship with you in order to seek charges against you. Regardless if you were married, boyfriend and girlfriend, work acquaintances, or strangers down the street, distributing intimate photos or videos without consent is considered revenge porn.

Cherry Hill Criminal Defense Lawyers at Aita Law, LLC Defend Those Accused of Distributing Revenge Porn

If you have been accused of harassing a former lover or have been accused of distributing nonconsensual pornography, then contact one of our skilled Cherry Hill criminal defense lawyers at Aita Law, LLC today. Our experienced lawyers will confidently defend your rights and seek the justice you deserve. Contact us online or call us at 856-287-7800 to schedule a free consultation about your case. Located in Haddonfield and Marlton, New Jersey, we serve clients in South Jersey, including Cherry Hill and Camden County.

Expungement in New Jersey

Expungement allows one to petition a superior court to remove all police, court, and corrections records as though none of these incidents occurred. Without expungement, once a police or court record is created, that individual will find it hard to apply for jobs, credit, specific licenses, or even rental property, as these records will be revealed in background checks. After a successful expungement, however, the background check will not reveal the foregoing police, court, and corrections records. Serious crimes, including murder, child pornography, terrorism, drug distribution, sexual assault, kidnapping, arson, and child endangerment cannot be expunged.

New Jersey recently implemented new laws with regard to expungement. These laws reduce the waiting period for eligibility and increase the number of convictions an individual can seek to expunge, among other things. The expungement can take up to six months to complete. Due to the recent changes to the law, many are interested in expunging their records. In order to expunge a record, the following steps should be followed:

Criminal Records: One needs to collect all criminal records, including Judgments of Convictions and Dispositions from the court. If the records are already available, a petition can be drafted. Otherwise, the records need to be obtained from the court. Depending on the courthouse applied to, it may take anywhere from a few days to weeks to obtain a criminal record.

Expungement Petition: Once all records have been obtained, an expungement petition must be drafted. This petition must then be signed in front of a notary public. After the petition has been finalized, it must be filed with the accompanying records with the court.

Serve the Petition: After the executed expungement petition is filed, a copy of the filed petition will then be served upon applicable governmental agencies through certified mail.

Hearing: After the petition has been filed with the court, the presiding judge may request an appearance by the petitioner where the judge may decide whether to grant the petition. The county prosecutor may make an objection to the expungement. The prosecutor will have to draft a letter explaining reasons for the objection. A response to the objection will then be necessary, outlining the reasons for allowing expungement.

Service of the Judge’s Expungement Order

If the expungement petition is granted by the judge, the petitioner needs to then serve the judge’s order on government agencies, such as the courts, police departments, FBI, or other agency that has the record and request its removal from their offices. Many agencies take substantial amounts of time to expunge records from their databases. After the expungement has been completed, the State Police will then send a notification regarding the successful removal of all records.

Expungement can have positive outcomes and allow individuals to seek course correction. Due to the recent changes, many individuals have become eligible, causing delays in the actual expungement of records. Therefore, it is crucial to petition as soon as possible so that you can set the record clean and make a fresh start.

Haddonfield Criminal Lawyers at Aita Law, LLC Help Individuals with the Expungement Process

If you need assistance with the expungement process, contact the Haddonfield criminal lawyers at Aita Law, LLC. Criminal records can hinder one’s future, we will walk you through the process of expungement so that you can have a fresh start. For a free consultation, contact us online or call us at 856-287-7800. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

What Should I Do When Facing Child Pornography Charges?

Child pornography charges are very serious and in New Jersey, penalties for this type of crime, if convicted, are harsh. Viewing any material depicting a child engaged in sexual acts, including photos or videos, is considered third-degree child pornography and can lead to prison time of up to five years and a fine of up to $15,000. Under New Jersey statutes, it is a crime to view illicit sexual images of anyone under the age of 18. Even if you did not realize that the people in the pictures were under 18, you are still responsible.

Many people do not realize that when browsing the internet, your IP address is visible at every site you visit. Your IP address is associated with your billing address and internet accounts, so if you stumble across a site that authorities are monitoring for unlawful images, they will have a record. If you are facing child pornography charges, the following tips will prove helpful.

Remain Silent in the Presence of Law Enforcement

The most important thing to know if you are charged with crimes related to child pornography is to exercise your right to remain silent. Do not speak to any law enforcement officers or investigators without legal counsel present. While you may feel it necessary to defend yourself, it is possible you will unknowingly make statements that will damage your case. It is crucial that you contact a criminal lawyer with experience defending sex crimes who will know how to handle your case. As with any criminal charge, a defendant is innocent until proven guilty and you have a right to fair treatment. A criminal lawyer may be able to get the charges dropped or mitigated.

Do Not Save Images

If you are the recipient of sexual photos or videos that depict anyone underage, including via text message, do not save them. Saving the image is treated as reproduction or manufacturing of child pornography and makes the crime more severe with accompanying penalties.

Consider Working with a Therapist

To achieve the best possible outcome and avoid jail time, it may be helpful to demonstrate through psychological evaluation that you are not a danger to the community. The most success can be achieved by being proactive. Once you are indicted and trial begins, your defense options are limited. Pornography is so prevalent in today’s internet culture that many people are unaware they crossed the line and viewed or possessed something illegal. Working with a therapist can help avoid severe consequences.

South Jersey Child Pornography Defense Lawyers at Aita Law, LLC Defend Those Charged with Child Pornography

If you were charged with child pornography crimes, you should speak with an experienced South Jersey child pornography defense lawyer at Aita Law, LLC immediately. Call us at 856-287-7800 or contact us online to schedule a free consultation. We will fight for your right to fair treatment and help you achieve the best possible outcome for your case. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

South Jersey child pornography defense lawyers help clients with Megan’s Law concerns.

Can I Be Removed from Megan’s Law Registry?

A common question our Haddonfield criminal lawyers get asked is if it is possible to be removed from the Megan’s Law registry? Generally, the answer is yes, it is possible to get off the registry, provided that a registrant meets certain criteria. However, there are some exceptions to this general rule; those subject to Megan’s Law should seek legal counsel from a qualified local attorney as the laws on this vary by state.

What is Megan’s Law?

Megan’s Law is named after a seven-year-old New Jersey girl who was abducted, raped, and killed by a registered sex offender who lived across the street, unbeknownst to her family. After her death, her family advocated for the implementation of a warning system to prevent similar tragedies from occurring.

New Jersey passed Megan’s Law in 1994 to require that communities be notified when sex offenders move into the neighborhood. Congress subsequently enacted its own Megan’s Law by amending the existing Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to require public notification of where convicted sex offenders reside after their release from incarceration. The federal law requires each state to create and maintain its own sex offender registry and today, all 50 states have a version of Megan’s Law in place.

New Jersey makes information about sex offenders available to the public on the Internet. The registry includes a list of moderate and high-risk offenders, as defined by the statute, along with their:

Address
Age
Aliases
Date of birth
Date, location, and description of sex offenses
Description of the offender’s modus operandi
Distinguishing marks/tattoos
Eye color
Height
Make, model, year, color, and license plate of any vehicles owned by the offender
Photograph of the offender
Race
Risk of re-offense
Sex
Weight

Removal from Megan’s Law in New Jersey

It is possible to be removed from Megan’s Law in New Jersey provided that certain criteria are met. Applicants must file a Motion to be Removed from Megan’s Law in the state in which they are registered. To be eligible, a registrant must prove that they:

Have not committed any crimes for 15 years from the latter of either the date of their last conviction or release from custody
Are not likely to pose a threat to others

Who is Ineligible for Removal from the Registry?

However, there are certain offenders who are not eligible for removal. According to the New Jersey statute, those who were convicted of, adjudicated delinquent, or acquitted by reason of insanity for more than one sex offense, or for sexual assault or aggravated sexual assault, may not be removed from the Megan’s Law registry.

South Jersey Child Pornography Defense Lawyers at Aita Law, LLC Help Clients with Megan’s Law Concerns

If you are subject to the requirements of Megan’s Law and it has been 15 years since you have been convicted of a crime, you may be eligible for removal. Contact a South Jersey child pornography defense lawyer at Aita Law, LLC for a free case evaluation and assistance in filing your Motion to be Removed from Megan’s Law. Our experienced attorneys are dedicated to defending and protecting your rights. For a free consultation, please complete our online contact form or call us at 856-287-7800. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

Can Sexting Lead to Child Pornography Charges?

Some states consider underage sexting a prosecutable crime. If your teen has taken and sent sexually explicit or nude photos, depending on where you live, they may be charged with a sex crime. Authorities take this inappropriate material seriously. The possession of these photos can be seen as a case for child pornography. Some states have statutes that make no distinction between a teen offender and an adult.

While some jurisdictions address teen sexting as part of existing child pornography laws, other states use specific sexting laws to punish offenders between the ages of 13 and 17. These laws target images sent between and among teens that affect both the sender and receiver of the photos.

Federal Law

Under federal law, it is illegal to create, possess, or disseminate any sexually explicit image of a minor. The law addresses both the possession with the intent to distribute as well as possession without such an intent. The law forbids the act of enlisting or coercing a minor to take part in any visual depiction of sexually explicit conduct. Federal law also prohibits soliciting or encouraging the production of such images. These federal laws pertain to adult offenders as well as minors. However, juvenile crimes are not prosecuted in federal courts, but instead are handled in state courts.

Laws Vary by State

New Jersey implemented a law in 2012 to specifically address underage sexting to differentiate it from child endangerment crimes perpetrated by adults, which are treated more harshly.

Receiving versus Keeping

It is nearly impossible to prevent someone from sending an explicit image to your phone or computer. Therefore, the law kicks in with regard to what the recipient does with the image. If the recipient immediately deletes the offending image or it can be proven that they attempted to do so, then it is unlikely that prosecution will be pursued. However, if the recipient holds onto the image, they may face charges. If the image is forwarded on, the violation becomes worse.

Over-18 Offenders

Sexting laws explicitly address the practice of minors who exchange inappropriate images. However, the consequences for those over 18 can be much more serious. If a person over 18 retains images of a person under the age of 18, they may face a child pornography charge.

Consenting adults are free to exchange content depicting adults. If the content involves a minor, however, that is unacceptable and punishable under the law. Likewise, the material cannot be shared with a minor, or that constitutes a crime as well.

Penalties

A teen charged with sexting is subject to penalties ranging from counseling to jail time depending on the seriousness of their actions. Some are required to pay fines or perform community service; others are forced to register for life as a sex offender.

Haddonfield Criminal Defense Lawyers at Aita Law, LLC Defend Teens Accused of Child Pornography

If your teen engaged in sexting and has been charged with a crime, the Haddonfield criminal defense lawyers at Aita Law, LLC can help. Call us today at 856-287-7800 or contact us online to set up a free consultation. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

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