New Jersey Sexting Criminal Defense Lawyer

Facing a sexting-related charge in New Jersey can be frightening. Whether you’re an adult or a minor, these allegations could carry serious consequences that affect your freedom, reputation, and future opportunities. Depending on your unique circumstances, sexting charges may even lead to felony offenses, child pornography accusations, or mandatory sex offender registration under Megan’s Law.

The Law Office of Jason A. Volet knows that sexting charges come with high stakes. With nearly 20 years of experience, Jason A. Volet has handled thousands of criminal cases as a prosecutor and a defense attorney. His background as a former assistant prosecutor in Monmouth County provides valuable insight into prosecution strategies, allowing him to aggressively advocate for your needs.

If you or your child is facing sexting charges, you need legal representation now. Learn more about how we’ve successfully defended clients in similar cases by reviewing our case results and reading what our clients say.

Contact us today for a free consultation to discuss your case with a New Jersey sexting criminal defense lawyer and explore your legal options.

What Is Sexting in New Jersey?

Sexting includes the sending, receiving, or sharing of sexually explicit messages, images, or videos through electronic devices, including smartphones, computers, and social media platforms.

While sexting between consenting adults is generally legal, sexting involving minors can lead to serious criminal charges in New Jersey, even if both parties are underage and consent to the exchange.

New Jersey sexting cases involving minors can be prosecuted under state child pornography and endangerment laws. Key statutes include the following:

• Endangering the Welfare of a Child (N.J.S. § 2C:24-4) — This law criminalizes the possession, distribution, or production of sexually explicit material involving minors. Even minors can be charged if they create, send, or receive explicit images of themselves or others under age 18.
• Obscenity for Persons Under 18 (N.J.S. § 2C:34-3) — This statute prohibits knowingly selling, distributing, or exhibiting obscene material to minors. This statute applies when an adult sends sexually explicit content to a minor.
• Possession of Child Pornography (N.J.S. § 2C:24-4(b)(5)(b)) — This law defines possession of any sexual image of a minor as a criminal offense. Even self-generated images by minors can lead to felony charges.

While New Jersey law is strict on sexting offenses involving minors, legal gray areas exist. For example, adults 18 and older are generally not subject to prosecution under child pornography laws if they’re consensually sexting with other adults. However, sharing explicit images without consent can lead to charges under New Jersey’s invasion of privacy laws.

An adult who mistakenly believes they are communicating with another adult could face prosecution if the recipient is later revealed to be underage. Similarly, minors exchanging explicit images with each other may still face criminal charges, even if the exchange was entirely voluntary.

In short, New Jersey’s sexting-related laws are harsh. Anyone facing allegations needs immediate legal representation to protect their rights and interests.

Does New Jersey Consider Sexting Child Pornography?

Yes, under New Jersey law, sexually explicit images of minors can be classified as child pornography. Minors who take, send, receive, or store sexually explicit photos or videos of themselves or others under 18 could face felony-level charges that carry severe legal consequences.

New Jersey’s child pornography laws prohibit possessing, distributing, or producing any sexually explicit material involving a minor. A minor who takes an explicit photo or video of themselves — even if they have reached 16, the age of consent — has technically created child pornography, and a person who receives or saves an explicit image of a minor could be charged with possession of child pornography. Furthermore, someone who shares or forwards an explicit image of a minor, whether intentionally or accidentally, could face distribution charges.

What Are the Penalties for a Sexting Offense?

The consequences of a sexting conviction can be significant and may include the following:

• Jail or prison time
• Fines
• Probation
• Impact on employment
• Reputation damage.

Anyone accused of a sexting offense should seek experienced legal representation as soon as possible to protect their rights and explore available defenses.

Could a Sexting Charge Be Expunged from My Record?

New Jersey allows certain criminal offenses to be expunged. An expunction will enable you to clear your records and move forward. Whether a sexting charge qualifies for expungement depends on several factors, including:

• The specific charge
• The accused’s age
• Whether the case was resolved through a diversion program or resulted in a conviction.

Many juvenile offenses, including sexting-related charges, may be eligible for expungement after a waiting period if you have not committed additional crimes. Adult eligibility depends on the charge.

Are Sexting Penalties Different If the Person Convicted Is a Minor?

Generally, sexting cases involving minors go through the juvenile justice system rather than the adult criminal system. However, the consequences can still be severe.

Instead of criminal convictions, minors found guilty of sexting offenses may receive a juvenile delinquency adjudication, which can still impact their future. Potential penalties for minors include probation, community service, or participation in a diversion program designed to educate rather than punish. In more serious cases, juveniles may face placement in a detention facility.

What Is the New Jersey Sexting Diversion Program?

The New Jersey Sexting Diversion Program offers first-time offenders an alternative to prosecution. This program educates participants about the dangers and legal implications of sexting.

Participants typically undergo educational courses focused on the risks of sexting and responsible digital behavior. You can avoid criminal charges upon completion, ensuring that no permanent record follows you into adulthood. However, eligibility for this program isn’t automatic. Working with an experienced criminal defense attorney is crucial in advocating for this program instead of prosecution.

Could Someone Convicted of Sexting in New Jersey Have to Register as a Sexual Offender?

Unfortunately, some sexting-related convictions can lead to mandatory registration as a sex offender under Megan’s Law. Mandatory registration is likely if the offense involves possessing, distributing, or creating sexually explicit images of a minor.

While not all sexting cases result in registration, anyone convicted of offenses classified as child pornography or endangering the welfare of a child may be required to register — potentially for life.

Contact a New Jersey Sexting Criminal Defense Lawyer

If you’re facing sexting-related charges, skilled legal representation can help protect your rights. The Law Office of Jason A. Volet offers extensive experience handling these complex cases and can help you explore your legal options. Contact us today for a free, confidential consultation to discuss your case.

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