August 1, 2008

New Jersey Lawmaker Resigns amid Child Pornography Investigation

New Jersey Assemblyman Neil Cohen resigned from his position on Monday, following allegations of suspected child pornography found on his computer. Colleagues of Cohen’s, who use the same legislative district office, alerted law enforcement officials last week of the alleged images found on Cohen’s computer. According to State Assemblyman Joseph Cryan, the investigation of Cohen began when a staffer in the Union office found a printed-out photo of a nude female, suspected to be in her early teens or younger.

The case has been referred to the State Attorney General’s office for investigation; Cohen has yet to be charged with a criminal offense. Cohen, a divorce lawyer, has served in the assembly for nearly 20-years. Cohen, who is regarded highly by his peers, will now have his legacy overshadowed by these allegations according to colleagues and other State officials. New Jersey Governor Jon Corzine released a statement expressing his shock and disturbance by the allegations. “Child pornography reflects a horrible debasement of children that is totally intolerable. Creating, distributing and using child pornography should be pursued vigorously by law enforcement wherever it is found." said Corzine. Cohen remains in psychiatric care, and pending further investigation, will likely face criminal charges.

Child Pornography

Federal Law defines child pornography as “a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, photograph, film, video, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where it a) depicts a minor engaging in sexually explicit conduct and is obscene, or b) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value.” Possessing, Making, and Distributing child pornography is illegal in all 50 states, including Pennsylvania, and it is an offense which carries serious legal penalties.

If you have been arrested and charged with owning, making, or distributing child pornography, the Law Offices of Marc Neff can help. There are defenses which are available to you, so do not hesitate to contact the Law Offices of Marc Neff immediately.


July 30, 2008

United States Court of Appeals Upholds Ruling that Child Online Protection Act is Unconstitutional

On July 22, 2008, the 3rd Circuit U.S. Court of Appeals affirmed the district court’s ruling in ACLU v. MuKasey, striking-down the Child Online Protection Act (COPA) which was passed in 1998; finding that the act is unconstitutional. The case, decided in Philadelphia, Pennsylvania, will now likely be appealed to the United States Supreme Court.

COPA, which was passed nearly a decade ago, has been the topic of constant legal battles; an almost immediate injunction following the Act’s passage has not allowed the law to ever take effect. The Child Online Protection Act was passed three years after the United States Supreme Court ruled a similar act unconstitutional.

In the decision, Judge Greenberg writes that in order to survive the “strict-scrutiny” test of constitutionality, the law in question must be of a compelling governmental interest and narrowly tailored to its purpose. The United States Supreme Court had ruled previously that “there is a compelling interest in protecting the physical and psychological well-being of minors”. The Court of Appeals scrutinized COPA under the standard of whether it was narrowly tailored to achieve its purpose.

The Act was written to include “‘material that is harmful to minors’ ” which includes the concept of ‘taking as a whole’ material designed to appeal to the ‘prurient interest’ of minors; and materials which lack ‘serious literary’ or other value to minors.” The Court agreed with the lower court’s determination that such language was overly broad and vague, and could endanger a wide range of communications, exhibits, and speakers. Further, the Court agreed with the lower court’s assertions that programs and filters were a less restrictive, yet successful, way to prevent minors from accessing such content.

The Law Offices of Marc Neff has extensive experience in matters involving child pornography. Mr. Neff has handled numerous cases of this nature. The office employs a team approach using only the must qualified forensic experts. For a confidential consultation, contact Mr. Neff at (215) 563-9800 or via email Marc@nefflawoffices.com.