Sex Crime

Is Sexting Against the Law?

What is Sexting?

Sexting is defined as the act of transferring sexually explicit messages to one or many people through cell phone text messaging or any other electrical device used for messaging. The messages usually contain illicit photographs or video links depicting the person sending them.

Is Sexting Against the Law?

If the person sending or receiving the message is under the legal age of adulthood, then they may be convicted of possession or distribution of child pornography. New Jersey’s teen sexting law was enacted in 2012. Since its enactment, New Jersey has created a diversion program that may be used instead of criminal prosecution for teens who are charged with child pornography as a result of sexting. If the judge feels that it is suitable, children who create, distribute, or exhibit images that qualify as child pornography may be ordered to participate in an educational program or counseling. This program addresses the penalties of sexting instead of being illegally accused.

Adults Sexting in New Jersey

An adult who receives or shares any kind of sexual image of a child under the age of 18 can be charged with possessing or sending child pornography. An adult who sends a nude or sexual photo of him or herself to a child could also be convicted of a crime. And if an adult shares any kind of sexual photos of another adult without his or her permission, he could be charged with harassment or sued in civil court for causing emotional distress or other damage.

Sex Crime Defense Attorney in New Jersey

If you are accused of sexting and need legal help, then contact our New Jersey criminal defense attorney at The Law Offices of Joel Silberman, LLC. We focus exclusively on criminal defense. At the Law Offices of Joel Silberman no case is too big or too small. Call us today at 201-420-1913. We serve in Jersey City and Newark, New Jersey.


Failure to Register as a Sex Offender

In response to Megan’s Law, the Sex Offender Internet Registry Law, also known as Sex Offender Registration and Notification Act (SORNA), was enacted which requires certain sex offenders to register. This law was formed with the motive to create awareness of sex offenders by making their information public. Failure to register is a crime.

A person who has been convicted, or found not guilty by reason of insanity for commission of a sex offense shall register as a sex offender.

A person who fails to register as required under this act shall be guilty of a crime of the third degree.

Registration Requirements

An individual who has been convicted of the following sex crime is required to register as a sex offender:

  • Sexual conduct with a minor
  • Sexual assault
  • Sexual assault of spouse
  • Molestation of a child or continuous sexual abuse of a child
  • Infamous crimes against nature
  • Lewd and lascivious acts
  • Indecent exposure and public sexual indecency
  • Taking a child for the purpose of prostitution
  • Sexual exploitation of a minor
  • Incest
  • Kidnapping, aggravated assault, murder, unlawful imprisonment, and burglary (when the offense includes evidence of sexual motivation)
  • Failure to register as a sex offender
  • Violation of Sex Offender Registration statutes

Penalty for Failure to Register as Sex Offender: Third Degree Crime

Failure to register as sex offender is a third degree crime. If convicted, then the offender is liable for 3 to 5 years imprisonment.

Sex Crime Offense Defense Lawyer

If have been charged with failure to register as sex offender, then contact our experienced sex crime defense lawyer. The Law Office of Joel Silberman, LLC works to help you. Call us today at 201-420-1913 and see what we can do for you.

We serve in Jersey City and Newark in New Jersey.


Man charged with sex assault on 8-year-old girl

A 25-year-old man charged recently with sexually assaulting an 8-year-old girl now faces two counts of aggravated assault for allegedly attacking a sheriff’s officer and inmate while being taken to jail.
The Hoboken man is charged with aggravated assault for allegedly striking the uniformed officer on the elbow with his handcuffs and then punching her on Wednesday, the criminal complaint says. Read more…


Is Sexting Against the Law in NJ?

Sexting in New Jersey is against the law and is chargeable under New Jersey Endangering Welfare of Children Statute. This slide shows the different laws of sexting for teens and adults. If you are charged with sexting,then sex crime defense lawyers at the Law office of Joel Silberman in New Jersey can help. For any information, call us at 201-420-1913 or email at

Is Sexting Against the Law in NJ?

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Child Pornography Laws in New Jersey

Under New Jersey law, it is illegal to possess, view, distribute, share, receive, photograph or allow a child to engage in child pornography because the images of child pornography are not considered protected speech by the Constitution of New Jersey. It is rather considered as a form of child sexual exploitation. Child pornography can take place on a computer through the use of the internet or a smartphone which is commonly known as sexting.

What is prohibited?

  • Allowing or causing a child to engage in any prohibited sexual acts if one knows or has reason to know or knows the act to be filmed either through the internet or as a part of exhibition or performance.

  • Producing, photographing or filming a child in a prohibited sexual act.

  • Knowingly possessing any item that depicts sexual exploitation or abuse of a child;

  • Knowingly distributing an item that depicts sexual exploitation or abuse of a child;

  • Knowingly keeping or maintaining child pornography by using a file-sharing program.


Penalties for child pornography in New Jersey

  • For first time offender, at least five years jail term for distributing at least 25 images of child pornography and ten years for repeated offenders.

  • Anyone convicted of engaging a child in pornography will serve at least 85 percent of their prison term.

  • Non-parents and guardians engaging a child in pornography will face charges of first-degree crime.

  • Anyone convicted for second and subsequent times for permitting or causing reproduction of child pornography will face extended prison terms.

  • Certain convictions may include lifetime parole supervision.

Contact Experienced Sex Crime Defense Attorney

It is very important to have an experienced New Jersey child pornography defense lawyer who understands the issues at play.

When your reputation, your job and your livelihood are on the line, a sex crimes attorney in Jersey City, NJ at the Law Office of Joel Silberman, LLC can assist in investigating and preparing your case. Attorney Silberman and his team can work with the appropriate experts to maximize your ability to obtain a successful resolution of your case.

Please feel free to call our office at 201-420-1913 for further information about conviction of child pornography offenses. You can also send mails at

Their service locations include Jersey City and Newark.

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