Possessing A Sexual Performance By A Child Lawyer New Jersey — 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), punishable by 5-10 years in prison and Megan’s Law registration. If you are facing these charges, you need a dedicated criminal attorney immediately. Law Offices Of SRIS, P.C.
New Jersey Law on Possessing a Sexual Performance by a Child
In New Jersey, the crime of possessing a sexual performance by a child is explicitly defined under N.J.S.A. 2C:24-4b(3). The statute makes it illegal for any person to knowingly possess or knowingly view any photograph, film, videotape, computer program or file, 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 law is any person under 18 years of age. The law is part of New Jersey’s full efforts to combat child exploitation, and a conviction carries mandatory, life-altering penalties.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the exact statutory language, refer to the official New Jersey Statutes section 2C:24-4. For information on court procedures and locations, visit the New Jersey Courts website.
Defending Against Charges for Possessing a Sexual Performance by a Child
Defending against these charges requires a meticulous, technical approach. The prosecution must prove you knowingly possessed the material. A common defense involves challenging the element of knowledge—arguing you were unaware of the content’s presence on your device, or that it was placed there without your consent, such as through a malware infection or by another user. Another critical area is challenging the legality of the search and seizure that uncovered the evidence. If law enforcement violated your Fourth Amendment rights, the evidence may be suppressed. Given the technical nature of digital evidence, a defense lawyer must be prepared to work with forensic professionals to examine device history, file metadata, and internet activity.
- Secure Immediate Legal Representation: Do not speak to investigators without your attorney present. Contact a defense lawyer experienced in sex crimes as early as possible.
- Case Assessment & Investigation: Your attorney will review the charging documents, the search warrant affidavit, and begin an independent investigation into the digital evidence and the circumstances of the seizure.
- Pre-Trial Motions: Your criminal court lawyer will likely file motions to suppress evidence obtained through an illegal search and challenge the prosecution’s case on technical grounds.
- Negotiation or Trial: Based on the strength of the defense, your attorney will either negotiate for a reduction or dismissal of charges or prepare a vigorous defense for trial.
Potential Penalties in New Jersey
In New Jersey, possessing a sexual performance by a child is a second-degree crime carrying a prison sentence of 5 to 10 years, significant fines, and mandatory registration under Megan’s Law.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possessing a Sexual Performance by a Child (N.J.S.A. 2C:24-4b(3)) | Second-Degree Crime | 5-10 years in state prison | Up to $150,000 | N/A | Mandatory Megan’s Law registration (Tier 2 or 3), Parole Supervision for Life, Internet restrictions, loss of professional licenses, housing restrictions. |
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, 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 significant stakes of a sex crime accusation and provide a strategic, diligent defense focused on protecting your liberty and reputation. Our approach is “Advocacy Without Borders,” meaning we exhaust every available legal avenue in your defense.
Our Experience with Sex Crime Cases in New Jersey
Our firm has extensive experience defending against serious sex crime charges across New Jersey. We have successfully challenged the prosecution’s evidence, negotiated for reduced charges, and achieved dismissals where the state could not meet its burden of proof. Every case is unique, but our systematic approach to investigating digital evidence and challenging procedural errors has proven effective for our clients.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for New Jersey Charges
Law Offices Of SRIS, P.C.
SRIS 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 New Jersey location in Tinton Falls is centrally positioned to serve clients across all 21 counties. If you are searching for a possessing a sexual performance by a child lawyer New Jersey residents can trust, we offer 24/7 phone consultations. We serve communities statewide, including Newark, Jersey City, Paterson, and Elizabeth. Meetings are held by appointment only to ensure we dedicate our full attention to your case.
Frequently Asked Questions (FAQs)
What does “knowingly possess” mean under this law?
It depends. The prosecution must prove you were aware of the nature of the content and that you had control over it. Simply having a file on a shared computer or in a download folder does not automatically prove knowing possession if you were unaware of its specific contents.
Can I be charged if the images were sent to me unsolicited?
Yes, you can still be charged. However, this scenario can form a strong defense. A skilled criminal attorney can argue you lacked criminal intent and did not knowingly seek out or store the material, which is important for the prosecution’s case.
Is there a mandatory minimum sentence?
Yes. A conviction for this second-degree crime carries a mandatory minimum period of parole ineligibility under the No Early Release Act (NERA), meaning you must serve at least 85% of the imposed sentence (between 5-10 years) before becoming eligible for parole.
What happens if the “child” in the material was a computer-generated image (CGI)?
It depends on the specifics. New Jersey law prohibits depictions of actual children. If the image is entirely computer-generated and does not involve an actual minor, different statutes or defenses may apply. This is a demanding, evolving area of law requiring experienced analysis by your defense lawyer.
Will I have to register as a sex offender?
Yes. A conviction under N.J.S.A. 2C:24-4b(3) mandates registration under Megan’s Law. The tier (2 or 3) determines the duration and public notification level, but all tiers require registration, community notification, and significant life-long restrictions.
What should I do if the police want to search my electronic devices?
Politely decline and state you wish to speak with an attorney. Do not consent to any search. Law enforcement needs a warrant to search your devices, and consenting waives your constitutional protections. Contact a criminal charges defense attorney as early as possible.
New Jersey law governs this practice area.