ESPN's Green Charged with Child Porn

June 18, 2010
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A developing story as Jeremy Green of ESPN has been arrested in Connecticut on charges of first-degree possession of child pornography, possession of narcotics and possession of drug paraphernalia. As of the date of the story, Green was in custody on $750,000 cash bail. Green worked as an NFL analyst for ESPN, and is the son of former NFL Coach Dennis Green.

The amount and nature of the bail set indicates that Green is facing serious charges of child pornography. Criminal charges are organized according to degree, and the first degree means that alleged crime is the most serious offense under the applicable statute. In New Jersey, the relevant law also places the burden on the defendant, or the person charged with these illicit materials, to provide the defense. This does not mean that he is presumed guilty unless he can prove otherwise, but it makes it very difficult to exploit gray areas of the law. For example, any person that presents the appearance of being under the age of 16 is assumed to be under 16 and it is not a defense for one to claim that he "thought" the person in question was older than 16. Therefore, it is a strict liability offense with limited defenses available. Unlike many other media personalities, Mr. Green's offense is not merely embarrassing but disturbing. It is a crime that has cost him his ESPN job. Even with an excellent defense attorney, he will likely face significant prison time unless new facts emerge.