[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.njcriminaldefensefirm.com\/blog\/what-is-considered-child-pornography\/#BlogPosting","mainEntityOfPage":"https:\/\/www.njcriminaldefensefirm.com\/blog\/what-is-considered-child-pornography\/","headline":"What is Legally Considered Child Pornography Under Federal and NJ State Law?","name":"What is Legally Considered Child Pornography Under Federal and NJ State Law?","description":"An arrest or conviction for possession or creation of child pornography (also referred to as Child Sexual Abuse Material, or CSAM) can carry strict penalties, including lengthy prison sentences and fines, and it can tarnish a person\u2019s reputation in the community. Because this is such a serious crime, it\u2019s crucial to understand pornography laws and […]","datePublished":"2023-08-05","dateModified":"2025-08-19","author":{"@type":"Person","@id":"https:\/\/www.njcriminaldefensefirm.com\/blog\/author\/njcriminaldefensefirm\/#Person","name":"Keith Oliver Criminal Law","url":"https:\/\/www.njcriminaldefensefirm.com\/blog\/author\/njcriminaldefensefirm\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/eea6bf238055b0a92b0fd9a26bcfdcabbb3a035497bf65cc7d3ba0ef726197ae?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/eea6bf238055b0a92b0fd9a26bcfdcabbb3a035497bf65cc7d3ba0ef726197ae?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Keith Oliver Criminal Law","logo":{"@type":"ImageObject","@id":"http:\/\/www.njcriminaldefensefirm.com\/wp-content\/uploads\/2022\/03\/logo-footer.png","url":"http:\/\/www.njcriminaldefensefirm.com\/wp-content\/uploads\/2022\/03\/logo-footer.png","width":205,"height":68}},"image":{"@type":"ImageObject","@id":"https:\/\/www.njcriminaldefensefirm.com\/wp-content\/uploads\/2024\/03\/What-Is-Considered-Child-Pornography.png","url":"https:\/\/www.njcriminaldefensefirm.com\/wp-content\/uploads\/2024\/03\/What-Is-Considered-Child-Pornography.png","height":660,"width":1000},"url":"https:\/\/www.njcriminaldefensefirm.com\/blog\/what-is-considered-child-pornography\/","about":["Sex Crimes"],"wordCount":494,"articleBody":"An arrest or conviction for possession or creation of child pornography (also referred to as Child Sexual Abuse Material, or CSAM) can carry strict penalties, including lengthy prison sentences and fines, and it can tarnish a person\u2019s reputation in the community.Because this is such a serious crime, it\u2019s crucial to understand pornography laws and how a criminal defense lawyer experienced in these cases can help you if you are facing a child pornography charge.Defining Child PornographyWhat is child pornography? According to the U.S. Department of Justice (DOJ), child pornography includes sexually explicit photos, videos, or images of children. This media could include nude or semi-nude images of children or images of children engaged in sexual acts with either another child or an adult.In this context, \u201cchild\u201d refers to anyone under 18 (a legal minor).Different Types of OffensesThe DOJ issued a Citizen’s Guide to U.S. Federal Law on Child Pornography. This resource touches on federal laws covering child pornography or sexual exploitation of a minor and the penalties associated with different acts.\u00a0\u00a0Child pornography offenses include:Possession of, receipt of, or distribution of child pornography materials (18 U.S.C. \u00a7 2252)Any sexual exploitation of a minor, including producing CSAM (18 U.S.C. \u00a7 2251)Specific activities related to media or materials that contain or constitute child pornography (18 U.S.C. \u00a7 2252A)Producing sexually explicit images or other forms of media depicting a minor, with the purpose of exporting it to the U.S. (18 U.S.C. \u00a7 2260)Potential Legal ConsequencesPenalties for violating these statutes include mandatory minimum prison sentences, depending on the severity and extent of the offense, and harsh fines, even for a first-time offender. The penalties and mandatory minimum sentences increase for second and subsequent offenses.Role of Digital EvidenceThe internet allows people wishing to obtain or distribute child pornography to do so reasonably quickly and anonymously.Proving that someone is in possession of digital child pornography can be tricky. Once CSAM is accessed by a computer (or phone or any internet-capable device), the device creates a record of the media. Even if the owner deletes the files, there\u2019s a good chance that law enforcement could still recover them.Law enforcement agencies use different software to recover deleted files and trace the origins of electronically exchanged CSAM. The results of investigative software can be used as evidence to support a child pornography charge.The digital evidence of child pornography on someone\u2019s device may be enough to convict them. However, the prosecutor must prove that the individual intentionally accessed the media and legally possessed it.Contact Our New Jersey Criminal Defense Lawyers for More InformationHave you been arrested or charged with crimes involving possible child pornography? Do you need legal help clearing your name and protecting yourself from harsh penalties? We can help. Contact Keith Oliver Criminal Law today for a free, confidential consultation with an experienced child pornography lawyer in New Jersey."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.njcriminaldefensefirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What is Legally Considered Child Pornography Under Federal and NJ State Law?","item":"https:\/\/www.njcriminaldefensefirm.com\/blog\/what-is-considered-child-pornography\/#breadcrumbitem"}]}]