New Jersey Possessing A Sexual Performance By A Child Lawyer — What Are Your Defense Options?
Possessing a sexual performance by a child is a second-degree crime in New Jersey under N.J.S.A. 2C:24-4b(3), carrying severe penalties including 5-10 years in prison and Megan’s Law registration. If you are under investigation or have been charged, you need an experienced New Jersey Possessing A Sexual Performance By A Child Lawyer immediately. The Law Offices Of SRIS, P.C.
Understanding the Statute: Possessing a Sexual Performance by a Child
In New Jersey, the crime of possessing a sexual performance by a child is defined under N.J.S.A. 2C:24-4b(3). The law prohibits knowingly possessing or knowingly viewing any photograph, film, videotape, computer program, or any other reproduction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act. A “child” for the purposes of this statute is any person under 18 years of age. The prosecution must prove you knowingly possessed the material; mere accidental access or lack of knowledge can be a critical part of your defense.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:24-4b(3) (official New Jersey Legislature site). For court procedures and rules, visit the New Jersey Courts website.
The Local Court Process and Defense Strategy
Charges are typically filed in the New Jersey Superior Court in the county where the alleged offense occurred. These cases are prosecuted aggressively by county prosecutors’ offices. A key local procedural fact is that New Jersey courts and prosecutors often move swiftly in these cases, making early intervention by a skilled criminal attorney essential. The discovery process can involve forensic examination of digital devices, and challenging the methods of this examination is a common defense tactic.
- Initial Arraignment: You will be formally advised of the charges and enter a plea of not guilty.
- Pre-Indictment Phase: Your defense lawyer will engage with the prosecutor, potentially presenting mitigating factors or challenging the evidence before a formal indictment is sought.
- Grand Jury Indictment: For a second-degree crime, the state must present evidence to a grand jury to secure an indictment.
- Pre-Trial Motions: Your attorney will file motions to suppress illegally obtained evidence or dismiss charges based on procedural flaws.
- Plea Negotiations or Trial: Based on the strength of the evidence and motions, your criminal court lawyer will advise on whether to negotiate a plea or proceed to trial.
- Sentencing (if applicable): If convicted, your lawyer will advocate for the most lenient sentence possible under the circumstances.
Potential Penalties for Conviction
In New Jersey, possessing a sexual performance by a child is a second-degree crime punishable by 5 to 10 years in state prison, significant fines, and mandatory registration under Megan’s Law.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possessing a Sexual Performance by a Child | Second-Degree Crime | 5-10 years in state prison | Up to $150,000 | None directly, but may affect professional licenses | Mandatory Megan’s Law registration (Tier 2 or 3), Parole Supervision for Life, Internet restrictions, loss of firearm rights. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the severe, life-altering consequences of a conviction for possessing a sexual performance by a child and provide a dedicated, strategic defense focused on protecting your rights and future. Our approach is “Advocacy Without Borders,” meaning we exhaust every available legal avenue in your defense.
Our Approach to Your Case
Our defense strategy begins with a meticulous review of all evidence, particularly the digital forensic report. We scrutinize the search warrant for defects, challenge the chain of custody of devices, and question the reliability of the forensic software used. We explore all potential defenses, including lack of knowledge, mistaken identity, illegal search and seizure, or insufficient evidence. We have a documented record of achieving favorable results for clients facing serious criminal charges defense in New Jersey courts.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Jersey Defense Team
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Our Tinton Falls location serves all 21 New Jersey counties. We are a dedicated New Jersey Possessing A Sexual Performance By A Child Lawyer near you, providing 24/7 phone consultations. Meetings are by appointment only.
Frequently Asked Questions (FAQs)
What does “sexual performance” mean under New Jersey law?
It includes any photograph, film, videotape, or digital file that shows a child engaged in a prohibited sexual act or simulation. The definition is broad and covers modern digital media.
Can I be charged if the files were on my computer but I didn’t download them?
It depends. The state must prove you “knowingly” possessed the material. Defenses may include lack of knowledge, accidental download, pop-up caching, or someone else using your device. A skilled criminal attorney will investigate these possibilities thoroughly.
Is this charge always a second-degree crime?
Yes. Under N.J.S.A. 2C:24-4b(3), simple possession is a crime of the second degree. More serious charges like distribution carry even harsher penalties.
What is the first thing I should do if I am under investigation?
Immediately contact a defense lawyer and exercise your right to remain silent. Do not speak to law enforcement or consent to any searches without an attorney present. Early intervention by a criminal court lawyer is critical.
Are there any defenses to this charge?
Yes. Common defenses challenge the knowledge element, the legality of the search warrant, the forensic analysis, or whether the depicted person was actually a minor. Each case is unique, and a strong defense requires a detailed investigation.
Will I have to register as a sex offender if convicted?
Yes. A conviction for this offense carries a mandatory requirement to register under Megan’s Law, typically as a Tier 2 or Tier 3 offender, with registration lasting at least 15 years or for life.