To deal with the issue of whether the child pornography is in fact child pornography and not virtual child pornography or adult pornography, courts in New Jersey will hold a May hearing named after the case of State v. May. In a May hearing, the images/videos will be shown to the Court and the Court will indicate which files will be permitted to be shown to the jury. I don’t think most cases in New Jersey will really involve a hotly contested May hearing however, there may be a dispute as to a few videos that the State doesn’t realize are actually adult pornography.
The attorney can also use this as a 104 hearing to keep out some videos that might be too prejudicial to be shown to the jury. If there are 20 videos, the defense can argue that they will stipulate to some or all of them so that the jury will be shown less than 20 and that the most horrific files should not be shown.
Trenton Child Pornography Lawyer