Possession vs. Distribution vs. Production of Child Pornography in New Jersey
New Jersey law separates child pornography offenses into three main categories: possession, distribution, and production. Each carries different penalties, legal definitions, and levels of severity. Understanding the distinctions between these charges is critical in any criminal defense case.
Possession refers to knowingly having images or videos of child sexual abuse material (CSAM) on a device, storage drive, or any other medium. It does not matter if the material was downloaded or received through a peer-to-peer network. What matters is control and awareness of the content.
Distribution involves sending, sharing, or uploading CSAM to another person, network, or website. In many cases, defendants are surprised to learn that simply using certain file-sharing programs or cloud platforms may count as distribution—even if they never intended for others to access the material.
Production is the most serious charge. It includes creating, directing, or participating in the creation of CSAM. This could involve taking photos or videos of minors in sexual acts or convincing a minor to engage in such activity through coercion or manipulation.
The legal consequences vary significantly. Possession can carry third-degree felony charges, while distribution may rise to second-degree. Production, depending on the circumstances, can result in first-degree charges and decades in prison.
Each case hinges on factors like the number of files, whether the material was shared, and any history of prior offenses. A solid defense strategy must address the specific actions the state alleges and challenge how prosecutors categorize them.
If you or someone you care about is facing charges involving possession, distribution, or production of child pornography, you need a skilled and aggressive defense. These are serious allegations that carry life-altering consequences. At the Law Office of Matthew V. Portella, LLC, we understand what’s at stake and are committed to defending your rights at every stage of the process. Contact us today to schedule a confidential consultation and take the first step toward protecting your future.