Gov. Chris Christie today signed a bill that significantly strengthens New Jersey's child pornography laws, bringing them closer to much tougher federal laws.
The new law imposes mandatory minimum prison sentences for those convicted of distributing 25 or more pornographic images of children. A first-time offender will serve at least five years and repeat offenders up to 10 years.
Christie's office was in charge of prosecuting federal child pornography cases when he was the state's U.S. Attorney from 2002-08.
"I was always shocked to see some of our defendants get years or even decades in federal prison while some of the same criminal violations at the state level would result in no jail time," Christie said in a statement. "These are among the most abhorrent crimes imaginable, in which digital images are made available to a worldwide audience of remorseless creators and consumers of these vile images of mere children. This is permanent victimization of a child or youthful victim already subjected to horrifying abuse."
The measure (S2493) passed both houses of the state Legislature with no opposition.
It was proposed in January by state Sen. Kevin O'Toole (R-Essex), who said a December special report by The Star-Ledger on child pornography prompted him to introduce the legislation.
O'Toole said today called the bill "the most significant public safety measure passed by the state legislature in years.
"This act will flat out prevent and deter child pornography in New Jersey, where the prior laws did hardly anything to stop the most disturbing predators from destroying the lives of children while profiting off of their sick fixes," he said.
Other aspects of the law would: includes the following reforms:
• Require that anyone convicted of engaging a child in pornography serve at least 85 percent of their prison term — called the "No Early Release Act."The bill was written with the help of the state Attorney General’s Office. Among those who pushed publicly for its passage was former state Attorney General Jeffrey Chiesa, whom Christie later appointed to the U.S. Senate.
• Removes "ambiguity" in current law that sharing child pornography via file-sharing and peer-to-peer software on a computer is considered distribution and not simply possession.
• Make it a first-degree crime for non-parents and guardians to engage a child in pornography. It is already first-degree for parents.
"I'm concerned about the present state of the law regarding child pornography in New Jersey," Chiesa told a state Senate committee in December. "I'm concerned that some offenders are exploiting loopholes and soft spots in our child pornography statutes to essentially skate on serious offenses — offenses that, were they prosecuted under federal law, would leave them facing more serious consequences."
The new law takes effect immediately. ..Source.. by Brent Johnson/The Star-Ledger
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