New Child Porn Laws: Part 1

by | Sep 17, 2017 | Blog, Criminal Law, Laws Protecting Children, Monmouth County, Ocean County

On February 1, 2018, new laws will go into effect regarding child pornography offenses. One law establishes the first degree crime for being the “leader of [a] child pornography network.” Separate laws establish additional penalties related to child pornography and expand the definition of the crime to include portrayal of a child in a sexual manner. The text of the new first degree offense reads:

2C:24-4.1. Leader of child pornography network; degree of crime; definitions. a. A person is a leader of a child pornography network if he knowingly conspires with others as an organizer, moderator, administrator, programmer, recruiter, or facilitator to engage in a scheme or course of conduct to establish or maintain an interconnected network through which files containing one or more items depicting the sexual exploitation or abuse of a child are in any way made available to or accessible among an organized group of users or participants.

  1. Leader of a child pornography network is a crime of the first degree if the offense involves 100,000 or more items depicting the sexual exploitation or abuse of a child; a crime of the second degree if the offense involves at least 1,000 but less than 100,000 items depicting the sexual exploitation or abuse of a child; and a crime of the third degree if the offense involves less than 1,000 items depicting the sexual exploitation or abuse of a child.
  2. For aggregation purposes, each item depicting the sexual exploitation or abuse of a child made available or accessible through a distribution network shall be considered a separate item, provided that each item that is in the form of a photograph, picture, image, or visual depiction of a similar nature shall be considered to be one item and each depiction that is in the form of a film, video, video-clip, movie, or visual depiction of a similar nature shall be considered to be 10 separate items.

It is strange to see a legal fiction like this “one video clip equals ten items” written into a statute. The text of this statute, like the other “leader” statutes before it addressing narcotics and firearms trafficking, is certain to generate issues for our appellate courts.

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