Child Sexual Abuse Material Laws in New Jersey

New Jersey calls this child sexual abuse or exploitation material (CSAEM), and it includes computer-generated images. Causing or permitting a child under 18 to engage in a prohibited sexual act knowing it may be photographed, filmed or put on the internet is a first-degree crime (10-20 years); photographing or filming a child in such an act is second degree (5-10 years). Distributing it, possessing it with intent to distribute, or storing it in a file-sharing program is second degree, or first degree for 1,000 or more items, with mandatory parole-ineligibility terms of at least 5 years (25-999 items) or 10 years (1,000 or more). Knowingly possessing or viewing it is third degree (3-5 years) for under 1,000 items, second degree for 1,000 to 99,999, and first degree for 100,000 or more; a repeat offense requires an extended term. Each image counts as one item and each video as 10.

New Jersey's rule on court-appointed lawyers: The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters. N.J.S. 2A:158A-2, -5, -14, -15.1

Lawyers set their own fees, and New Jersey has rules on how they may charge. See hiring a criminal defense lawyer in New Jersey for fee rules, how to check a lawyer's license and free help.

How release before trial works in New Jersey: Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)). N.J.S. 2A:162-15 to -19, -25 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New Jersey expungement and record sealing rules.