While it's not often talked about (and truthfully, many parents would rather not think about it), the fact is that viewing pornography is a prevalent occurrence among those of college age. In one study, as many as 60 percent of college students reported viewing pornography at least once a week. While in our modern culture, this may seem to be a rather inane statistic--and while viewing porn is generally not illegal in private settings--there are times when it can cross the line into either a breach of student conduct rules, criminal behavior, or both.
If you're a student attending college in New Jersey--whether at Rutgers, Princeton, Montclair State University, Seton Hall, or any other of the state's dozen of public and private institutions--you should know that your online and on-campus activities may be scrutinized more than you realize. The use or viewing of pornography in certain contexts can sometimes constitute a violation of your school's Code of Student Conduct or possibly even a violation of Title IX rules. These can lead to disciplinary actions at your college or university, which could result in severe consequences like suspension or expulsion. Furthermore, if your actions constitute a violation of New Jersey law, you also could face criminal charges in addition to the disciplinary action imposed by your school. By the same token, if you're charged with a crime related to pornography (even off-campus), this may also constitute a violation of your school's conduct policies, leading to disciplinary action on top of criminal penalties.
The long and short is that if you're accused of some sort of pornography violation, you could be facing jeopardy on two fronts--the New Jersey courts and the disciplinary committee of your school. Even if you manage to avoid criminal penalties like jail time, your educational future hangs in the balance since colleges and universities don't have to prove you guilty "beyond a reasonable doubt" to discipline you. The best way to navigate these challenges is with the help of a New Jersey criminal defense attorney who also has experience with education law and student discipline matters. The Lento Law Firm has vast experience in both arenas. Our Student Defense Team can help you navigate to a fair resolution on the campus front, while our Criminal Defense Team will defend you vigorously to get you the best outcome possible. To schedule a consultation, call us at 888-535-3686, or fill out our online form.
New Jersey Pornography-related Crimes
In the state of New Jersey, as in much of the United States, viewing pornography is generally legal for adults over the age of 18. However, there are specific circumstances under which the viewing, possession, distribution, or production of pornography can cross legal boundaries and become a criminal act. It is crucial for college students, as well as the general public, to understand these legal parameters to avoid inadvertent violations. Let's look at some of the New Jersey laws that can make pornography a criminal act.
Public Viewing of Pornography (i.e., Public Communication of Obscenity)
While adult pornography is generally legal if it involves consenting adults, obscenity laws create an exception for material that exceeds certain legal boundaries. New Jersey law, like federal law, relies on the Miller v. California (1973) Supreme Court decision to determine whether material is obscene. Under this test, material is considered obscene if:
- The average person, applying contemporary community standards, would find that the material appeals to prurient interests;
- The work depicts or describes sexual conduct in a patently offensive way, and
- The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
If pornography meets these criteria, it can be deemed obscene and thus illegal. Although it's relatively rare for people to be prosecuted on obscenity charges for viewing pornography (because of the vague line involved in determining if it's obscene), it is more common for people to be prosecuted for viewing porn in public, thanks to N.J.S.A. 2C:34-4--a law which criminalizes the "public communication of obscenity." Under this law, it's prohibited in New Jersey to view pornography in public places where others can easily see or hear it, such as streets, recreational areas, or public transportation. (This also includes public areas of a college campus.) It's a fourth-degree criminal offense, punishable by up to 18 months in prison and fines of up to $10,000.
Revenge Porn and Non-Consensual Distribution
In recent years, the rise of "revenge porn" — the non-consensual sharing of explicit images — has led to new legal regulations in New Jersey. The state has enacted laws that criminalize the distribution of intimate images without the subject's consent. Specifically, under New Jersey's "invasion of privacy" law (N.J.S.A. 2C:14-9), it is a crime to distribute nude or sexual images of a person without their consent, with the intent to cause harm. Even if the images were originally taken or shared consensually, the act of distributing them without permission can result in criminal charges. This law is particularly relevant to college students, as many cases involve young people in personal relationships where intimate photos or videos are shared consensually, only to be distributed later in a malicious or spiteful manner.
Revenge porn is considered a third-degree crime in New Jersey, punishable by up to five years in prison and fines of up to $15,000. Additionally, victims of revenge porn can file civil lawsuits for damages, including emotional distress.
Voyeurism and the Unauthorized Recording of Sexual Acts
The same statute that criminalizes revenge porn mentioned above also outlaws the unauthorized recording of sexual acts. N.J.S.A. 2C:14-9 criminalizes the recording or photographing of individuals in situations where they have a reasonable expectation of privacy, such as in bathrooms, changing rooms, or private residences. Even if the recording is not distributed or viewed by others, simply possessing such material is a criminal offense.
Voyeurism or unauthorized recording is classified as a third-degree crime in New Jersey, punishable by up to five years in prison.
Internet Solicitation of a Minor
While the Internet is commonly used by college students to coordinate sexual encounters (i.e., "hook-ups") on dating apps and websites, it also leaves the door open for illegal sexual encounters with minors, which is considered statutory rape. In New Jersey, anyone under age 18 is still considered a minor. Granted, some minors pretend to be older on the Internet to participate in this behavior, but if you are a college student hooking up with a minor (even without your knowledge), it increases your risk for criminal charges if law enforcement has any reason to believe your actions were intentional.
Under N.J.S.A. 2C:13-6, it is illegal to attempt to lure a minor into a situation with the intent to commit a crime (including illegal sexual encounters). Defined as a second-degree offense, it carries a penalty of five to ten years in prison and fines up to $150,000. If the interaction with the minor involves the sharing of intimate photos (e.g., "sexting"), it may also qualify as child pornography (see below).
Child Pornography
Under both federal and New Jersey state law, the possession, distribution, or production of child pornography is strictly prohibited and considered a serious crime, no matter where or when it occurs. In New Jersey, child pornography is broadly defined under N.J.S.A. § 2C:24-4 as any material that depicts a child under the age of 18 engaging in sexual acts or simulations thereof. The law extends beyond just viewing; it encompasses the possession, distribution, and reproduction of such material. The age of the viewer is irrelevant to the crime. Whether the individual viewing the material is a minor or adult, the possession or access of child pornography is a felony-level offense.
Penalties for possession of child pornography in New Jersey are severe. An individual convicted of possessing child pornography can face up to five years in prison per offense, substantial fines, and mandatory registration as a sex offender under Megan's Law. Distribution, reproduction, or production carries even harsher penalties, including up to 10 years in prison and significantly larger fines.
A unique aspect of child pornography laws in New Jersey is the concept of strict liability. This means that even if a person unintentionally views or possesses child pornography (for example, through pop-ups or inadvertent downloads), they could still be prosecuted. While intent may factor into sentencing, ignorance of the content's nature is not a complete defense. This is an important differentiation to note as not all pornography sites are deemed "safe," and a student browsing for porn could find themselves inadvertently viewing or downloading child pornography.
Pornography Detection on New Jersey Campuses
Your activities on campus are likely monitored more closely than you might realize, both online and offline. Most pornography-related charges today stem from online actions. Universities regularly monitor online activities to:
- Ensure student safety,
- Identify potential threats to the campus,
- Manage risks,
- Limit liability for misconduct by students or staff online,
- Comply with federal and state laws, and
- Prevent access to or distribution of illegal or copyrighted materials via campus networks.
If you use a school-provided network in classrooms, dormitories, libraries, or even from home while studying remotely, your online activities are subject to more stringent scrutiny. The use of school-issued devices such as computers, iPads, cell phones, or network equipment also invites additional monitoring. In some schools, viewing pornography of any kind on a school-provided network constitutes a breach of student conduct, even if the pornography itself is not illegal. It can certainly be subject to disciplinary actions--and likely criminal charges--if the pornography violates obscenity laws or involves minors.
Student Conduct Violations
At most colleges and universities, breaking state or federal laws also constitutes a violation of the Student Code of Conduct. For instance, at Rutgers, the Student Code of Conduct specifies that students can be held accountable for potentially criminal actions through both the criminal justice system and the university. Students may face accountability for their behavior in multiple arenas, with university proceedings potentially occurring before, during, or after civil or criminal proceedings, as determined by the Chief Conduct Officer (or their designee) on each campus. Disciplinary actions, decisions, and/or sanctions are not subject to change even if the criminal charges are dismissed or the student is acquitted trial.
Montclair State University similarly advises students that they will undergo the school's disciplinary process if facing criminal charges. The purpose of the University's conduct process is to ascertain if there has been a breach of the University Code of Conduct and to determine appropriate consequences. Students hold a relationship with the University distinct from their responsibilities as citizens of the broader Montclair and New Jersey communities. Therefore, if a student's actions violate local or state laws, they will also face adjudication in the respective court system.
The Intersection of Pornography and Title IX Violations
Another potential pitfall of the use of pornography by college students is when it crosses the line into a violation of Title IX rules. Title IX is a federal regulation that governs all schools receiving federal funding (which includes almost all colleges and universities). Originally designed to protect students from gender discrimination on school campuses (especially in athletics), the definition and scope of Title IX has evolved over the years to include protections against sexual harassment and assault of students, not only from staff and instructors but also from student-to-student.
Though pornography itself is generally a personal matter, there are specific circumstances in which its use or distribution crosses the line into a violation of Title IX, triggering mandatory disciplinary action from a college or university. Some of these violations, as we'll see, may also be direct or indirect violation of New Jersey law. Let's look at some ways this may happen.
Non-Consensual Distribution or Sharing of Pornographic Material
One of the most direct and serious Title IX violations involving pornography is the non-consensual distribution or sharing of explicit material (aka, "revenge porn," which is also a crime in New Jersey). This occurs when someone distributes sexual images or videos of another person without their explicit permission. Whether shared through social media, text messaging, or even posted on public platforms, the act of disseminating this material without consent can have devastating consequences for the victim, emotionally and academically.
This type of behavior is considered a violation of Title IX, as it constitutes sexual harassment and potentially sexual exploitation. Victims of revenge porn often experience intense emotional distress, which may significantly disrupt their education. This disruption forms the foundation for Title IX involvement because when a student's access to education is impaired due to sexual misconduct, the institution is obligated to step in. Colleges may impose severe sanctions on individuals who engage in this behavior, ranging from suspension to expulsion. The matter may also be referred to local law enforcement.
Creating a Hostile Educational Environment
Pornography can also lead to Title IX violations when it is used in ways that create a hostile educational environment. A hostile environment exists when behavior of a sexual nature, including the use or display of pornography, is so severe, pervasive, or objectively offensive that it denies someone equal access to their education.
Imagine a scenario in which a student is repeatedly subjected to unsolicited exposure to pornography in shared spaces, such as dorm lounges or study rooms. Perhaps another student constantly watches pornographic material on their laptop in a common area or sends unsolicited links to explicit content in group chats. These actions, while seemingly passive to the person engaging in them, can profoundly affect those who are exposed to it. The constant presence of sexual material can create a sense of discomfort, intimidation, or even fear, making it difficult for affected students to focus on their academic responsibilities. If the student finds it to be pervasive enough to interfere with their educational experience, they may report it as a Title IX violation.
Pornography as a Tool for Harassment or Intimidation
A more targeted form of Title IX violation involving pornography occurs when it is deliberately used to harass or intimidate another student. This may take the form of sending explicit images, videos, or messages to someone without their consent, with the intent to demean, humiliate, or harass them. The unsolicited nature of such actions immediately crosses a boundary, especially when the intent is malicious.
For example, a student who receives explicit messages from a peer as part of a campaign of harassment may find it difficult to concentrate on classes or social interactions. This harassment is not just a personal violation but a disruption of their educational environment, something Title IX is designed to address. Sexual harassment under Title IX includes verbal, physical, or visual conduct of a sexual nature, and unsolicited pornography can certainly fall into this category. In these cases, pornography is not the problem on its own, but rather how it is weaponized against another individual. The effect on the recipient is what matters legally, and if the pornography is part of a broader pattern of harassment, it can constitute a violation of Title IX.
Public Display or Consumption of Pornography
While the private consumption of pornography typically does not implicate Title IX, public consumption or display of pornography in shared campus spaces can be another matter entirely. For example, a student watching explicit content on a public computer in a campus library or playing pornographic videos in a dorm lounge can create an uncomfortable and potentially hostile environment for others.
Public consumption or display of pornography can violate Title IX when it creates an environment where other students feel intimidated, uncomfortable, or distracted from their studies. This is especially true when the display of pornography in public spaces is persistent or overtly disruptive.
The Perils of Title IX Enforcement
One of the biggest concerns about Title IX, particularly for students who are accused of violating it, is that the interpretation of Title IX now fluctuates with almost every incoming administration, leading to a parade of rule changes that are difficult to keep up with. Over the years, various presidential administrations have molded Title IX to align with their priorities, with a particular focus on student-related sexual harassment, resulting in a series of complex rule adjustments. The Obama administration's 2011 "Dear Colleague" letter outlined the obligations of educational institutions to combat and manage incidents of sexual violence, stressing proactive actions, support for survivors, and fair disciplinary processes. This broadened the scope of Title IX's protection for students, sparking discussions on the balance between victim protection and the due process rights of the accused. The Trump administration revised these rules by elevating proof standards and mandating live hearings to emphasize due process. More recently, the Biden administration has reverted back to Obama-era principles, extending Title IX protections, which some argue might diminish the rights of those accused.
New Biden Rules May Make It Easier to Discipline Pornography Violations
Scheduled to be implemented in August 2024, the Biden administration's revised Title IX guidelines, spanning over 1500 pages, introduce significant changes that could affect students' defenses against false sexual harassment or assault claims. Key changes include:
- Lower Threshold for Misconduct: The criteria defining sexual misconduct have shifted from "severe, pervasive, and objectively offensive" to "sufficiently severe or pervasive," simplifying the classification of actions as Title IX violations. (This change can encompass more behaviors involving pornography, making it more likely for pornography to be interpreted as a Title IX violation.)
- Reinstatement of Preponderance of Evidence: Schools must now apply the "preponderance of evidence" standard, a lower proof threshold compared to the previous "clear and convincing evidence" requirement, allowing findings of misconduct if they are more likely than not.
- Individual Meeting Format: The updated rules support conducting individual meetings for investigation, akin to the single investigator model, where one person gathers evidence and makes determinations. This method raises concerns about potential investigator bias and conflicts of interest.
- Removal of Live Hearings: The elimination of mandatory live hearings, which previously allowed for testimony under oath and cross-examination, limits the accused's ability to contest witness credibility and evidence, potentially reducing the rigor of scrutiny.
- Expanded Jurisdiction: Title IX's jurisdiction now includes off-campus and international incidents, enabling schools to address and discipline misconduct occurring beyond traditional campus boundaries, such as during study abroad programs. This rule change effectively extends the boundary of where pornography use could constitute sexual harassment. (For example, if a student watches porn on a device while off-campus that is inadvertently viewable by another student who takes offense at it, this could now potentially serve as grounds for a Title IX complaint.
- Wider Definition of Sex Discrimination: The definition now includes sex-based harassment, broadening the range of behaviors and statements that can be deemed Title IX violations.
Court Challenges to Title IX Rules and Effects on the Accused
Another complication in the intersection between pornography and Title IX is the fact that the rules are always under scrutiny and subject to legal challenges. It's highly common for new Title IX rules to be challenged in both state and federal courts regarding their interpretation, which means enforcement of Title IX is a constantly moving target. Not only does this create confusion as to what behaviors constitute a Title IX violation moment to moment, but it also greatly increases the likelihood that a college student can have their rights violated because of a misinterpretation of the rules and disciplinary processes.
New Jersey Campus Disciplinary Actions
If you face state charges related to pornography, your college university may simultaneously conduct its own investigation and disciplinary proceedings, independent of the outcome of state charges. However, the school's disciplinary processes differ from state criminal procedures and do not provide the same protections as criminal defendants are offered in the New Jersey criminal justice system. The standard of proof at most colleges is lower than the "beyond reasonable doubt" threshold required in New Jersey criminal courts. Instead, these schools use the "preponderance of the evidence" standard, which means school authorities only need to be convinced that you are 51 percent likely to have committed the offense. This means it's actually statistically more likely that you will face disciplinary actions at your school than that you'll be convicted of a crime. In fact, it's not unusual for student defendants to get lenient penalties in court, or even a dismissal of the charges, but still face suspension or expulsion for their alleged breach of the school's Code of Conduct. A suspension or expulsion could completely derail your academic and professional career even if you never get convicted of a crime.
Not All Attorneys Are Equipped to Address Student Pornography Charges
If you're facing criminal charges in New Jersey regarding a pornography violation, there are numerous local attorneys who can assist in your defense. But for college students who may be facing both criminal charges and school disciplinary actions, most defense attorneys don't have the experience to provide help navigating both fronts. Your best hope is to hire a New Jersey criminal defense attorney who has experience with New Jersey courts, Title IX regulations, and the school disciplinary procedures of New Jersey colleges and universities.
How the Lento Law Firm Can Help
The Lento Law Firm Team is skilled in New Jersey criminal defense and experienced in assisting students with student disciplinary actions. We have assisted numerous New Jersey students in navigating through both school disciplinary actions and the criminal justice system. If you're facing disciplinary actions due to pornography, we can provide the support and guidance needed to protect your rights on both fronts.
If you face criminal charges in New Jersey regarding pornography allegations, our Criminal Defense Team will:
- Analyze the facts of your case to determine the best defense strategy
- Prepare and file pre-trial motions such as a Motion to Dismiss, a Motion to Suppress Evidence or Statements, a Miranda motion, or other motions designed to protect your constitutional rights.
- Negotiate with prosecutors for reduced charges or alternative sentencing options.
- Defend you in court if necessary at trial. We will challenge evidence, cross-examine witnesses, and present evidence on your behalf to prove your innocence.
If you face Title IX or other disciplinary actions from your school due to pornography allegations, our Student Defense Team can:
- Negotiate favorable sanction agreements on your behalf,
- Facilitate resolution of complaints through informal mediation with your school,
- Analyze and respond to complaints against you while evaluating the evidence,
- Ensure the university adheres to its procedures and grants you all entitled rights,
- Attend hearings with you and speak on your behalf when permitted,
- Ensure disclosure of all evidence and details of allegations against you,
- Assist in hearings as your advisor, including questioning witnesses and presenting evidence,
- Invoke your right to appeal if necessary and document procedural or legal errors encountered during the disciplinary proceedings.
Student Defense and Criminal Defense for Pornography Allegations
As a college student in New Jersey faced with allegations of wrongdoing concerning pornography, you face not only the potential of a criminal conviction in New Jersey courts but also long-term damage to your academic future due to disciplinary actions imposed by your school. With so much at stake, choosing the right legal team can make the difference between a successful outcome and significant damage to your future. The Lento Law Firm Team is uniquely equipped to protect your interests, whether your battle is in a New Jersey courtroom, before a student disciplinary committee, or both. Don't leave your future to fate. Call the Lento Law Firm today at 888-535-3686, or fill out our online form.
