Law & Society

Internet sex crimes are any illegal activities conducted on, or aided by, the Internet and may include:

- Possessing and sharing child pornography
- Enticing or soliciting a minor in a chat room
- Sending explicit photos of yourself to a minor, or requesting the same in return

The laws regulating Internet sex crimes are complex and, in most cases, are enforced at the state and federal level. Some of the most common Internet sex crimes are the possession, distribution and transport of child pornography and online enticement or solicitation.
Child Pornography

Child pornography is defined as "the visual depiction of a person under the age of 18 engaged in sexually explicit conduct."

In child pornography cases, federal jurisdiction is invoked whenever electronic images are distributed or downloaded across state lines, or if the material used to produce the images was brought across state lines. For example, downloading images in Kentucky, from a server in Louisiana would bring federal jurisdiction into play.

Because of these broad definitions, many child pornography cases can be prosecuted under federal law.

Crimes of possession and distribution relating to child pornography carry punishments of varying degrees and sentences often rely on the amount of "enhancements" applied to a case.

Enhancements increase the severity of a sentence and are leveraged in cases involving factors such as large amounts of images, particularly brutal images or images involving very young children. If enough enhancements are added, possessing child pornography can carry a heavier penalty than transportation or distribution.

Under federal law, child pornography crimes can carry a prison sentence of five to 40 years.

Online Enticement and Solicitation

Under New Jersey law, it is a second-degree crime to entice or lure a child, online, with the intention of meeting them later for the purpose of committing a crime. A child is defined as any individual under the age of 18.

In order to prove a charge for online enticement or solicitation, the state of New Jersey must establish that:

- The victim was under the age of 18
- An attempt was made to "lure or entice" the child
- The defendant contacted the child with the intention of committing a crime

Convictions can land offenders in prison for a minimum of five years and will most likely necessitate their inclusion in New Jersey's sexual offender registry. A good defense will focus on the often difficult proofs the State must provide in relation to the Defendant's intent, specifically, what it means to "lure or entice".

The New Jersey Sex Offender Registry

The New Jersey sex offender registry is an easily accessible, online database of convicted sex offenders that is available to the public. In addition to details pertaining to his or her crime, visitors to the site can view the offender's:

- Image
- Home Address
- Car make and license number
- Full name and any aliases
- Height and weight
- Eye and hair color

If convicted sex offenders wish to change residences, they are required to "notify the law enforcement agency with which (they are) registered." In addition, sex offenders must re-register with law enforcement in the area where they are moving and do so at least 10 days prior to moving.

For most convicted sex offenders, there is no starting over. Before an individual can even move into a new home, the community to which he or she is relocating will be notified.

Megan's Law and Community Notification

Variations of Megan's Law exist in all states and provide guidelines as to how information on sex offenders will be made available to the public. In New Jersey, Megan's Law was signed into law in 1994 and provided conditions for offender registration and community notification. In 2001, New Jersey established the Megan's Law sex offender Internet registry.

In May 2009, the New Jersey Supreme Court ruled that Megan's Law was the only law under which New Jersey sex offenders could be regulated. This was done in response to a number of New Jersey towns which had instituted their own regulations banning sex offenders from residing in close proximity to schools, parks and other areas.

Finding an Attorney Following Accusations of Internet Sex Crimes

If you have been charged with an Internet sex crime, it's extremely important that you retain the services of an experienced criminal defense attorney. Being charged with a sex offense can have negative consequences on many aspects of a person's life. An experienced attorney will help you understand your legal rights and options, and answer any questions regarding sex offenses and legal consequences in New Jersey.