Child Pornography
Child Pornography Charges in Pennsylvania
When you are just accused of child pornography in Pennsylvania, you need to take immediate action to protect your life: your reputation at home and at work; your liberty; and your future. Learn more about the Pennsylvania laws regarding Child pornography below. When the threat of prosecution for child pornography is real, you need to look for best options and find a top Pennsylvania sex crimes legal team to fight for you.
The moment you are accused of child pornography in Pennsylvania is the moment that you need to reach out to an experienced Pennsylvania Sex Crimes Criminal Defense Team. It is only natural you are looking for the best options; the best strategies and the best outcome. The best way for finding the right attorney for you is to speak with them and making the decision for yourself. Before you say one word; contact our team.
We are skilled criminal defense attorneys in Pennsylvania and experienced in handling the most serious sex crimes and violent crimes cases. Our job is to protect you, contest the evidence, contest the legality of any alleged admissions or search and seizure, protect your right to remain silent, and put the burden on the Commonwealth to prove their allegations. Look to Lee Ciccarelli and his team of experienced, aggressive criminal defense lawyers to fight for you when it matters. Contact us today 24/7 by email or at (215) 515-6111.
Child Pornography is generally defined as the visual depiction by film, picture, computer image or other means of an identifiable minor engaged in sexually explicit or lewd conduct. This includes non-pornographic images that were digitally altered as well as images of adults who were under the age of 18 at the time the image was created.
Child pornography laws prohibit producing, distributing, selling or merely possessing such images. With the advent of the Internet and digital cameras, child pornography convictions have skyrocketed. When the Internet is involved, child pornography can be charged as a federal offense which can result in federal prosecution and severe sentencing guidelines.
Child pornography charges can be particularly devastating because of the serious social stigma of child sex offenders. With computers, it is easy to unknowingly commit this crime. For example, if you view an image on a web site of someone you thought was an adult but was under 18, you can be charged with this crime. Even if another person used your computer to view such images or if an unsolicited email was sent to you containing such images, copies of these images may unknowingly be on your hard drive.
While possession of pornographic images may seem like a minor offense, this crime must be taken seriously and defended aggressively. There is currently a nationwide witch hunt for sexual predators led by sting operations, overzealous prosecutors, politicians and the media. Employers, other employees and even computer repair shops often have the ability and right to view files on your computer, and the feds are eager to aggressively prosecute these offenses.
6312. Sexual abuse of children.
- (a) Definition.–(Deleted by amendment).
- (b) Photographing, videotaping, depicting on computer or filming sexual acts.–Any person who causes or knowingly permits a child under the age of 18 years to engage in a prohibited sexual act or in the simulation of such act is guilty of afelony of the second degree if such person knows, has reason to know or intends that such act may be photographed, videotaped, depicted on computer or filmed. Any person who knowingly photographs, videotapes, depicts on computer or films a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such an act is guilty of a felony of the second degree.
- (c) Dissemination of photographs, videotapes, computer depictions and films.–
- (1) Any person who knowingly sells, distributes, delivers, disseminates, transfers, displays or exhibits to others, or who possesses for the purpose of sale, distribution, delivery, dissemination, transfer, display or exhibition to others, any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act ommits an offense.
- (2) A first offense under this subsection is a felony of the third degree, and a second or subsequent offense under this subsection is a felony of the second degree.
- (d) Child pornography.–
- (1) Any person who intentionally views or knowingly possesses or controls any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act commits an offense.
- (2) A first offense under this subsection is a felony of the third degree, and a second or subsequent offense under this subsection is a felony of the second degree.
- (e) Evidence of age.–In the event a person involved in a prohibited sexual act is alleged to be a child under the age of 18 years, competent expert testimony shall be sufficient to establish the age of said person.
- (e.1) Mistake as to age.–Under subsection (b) only, it is no defense that the defendant did not know the age of the child. Neither a misrepresentation of age by the child nor a bona fide belief that the person is over the specified age shall be a defense.
- (f) Exceptions.–This section does not apply to any material that is viewed, possessed, controlled, brought or caused to be brought into this Commonwealth, or presented for a bona fide educational, scientific, governmental or judicial purpose.
- (g) Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
- “Intentionally views.” The deliberate, purposeful, voluntary viewing of material depicting a child under 18 years of age engaging in a prohibited sexual act or in the simulation of such act. The term shall not include the accidental or inadvertent viewing of such material.
Our team of Pennsylvania criminal defense lawyers are working on your child pornography case so that you have the benefit of several attorneys including Lee and using their combined efforts and experience to get you the justice you and your family need. Get Justice.
We defend the accused and their families throughout Pennsylvania including but not limited to: Allentown, Altoona, Bethlehem, Bloomsburg, Carlisle, Chambersburg, Coudersport, Danville, Downingtown, Doylestown, Dubois, Easton, East Stroudsburg, Gettysburg, Harrisburg, Hazleton, Hershey, Johnstown, Lancaster, Lebanon, Lehighton, Levittown, Lewisburg, Lewistown, Lock Haven, Media, Middleburg, Norristown, Philadelphia, Pittsburgh, Pottstown, Pottsville, Reading, Selinsgrove, Scranton, Somerset, Springfield, State College, Sunbury, Towanda, Upper Darby, Wellsboro, West Chester, Willow Grove, Wilkes-Barre, Williamsport and York. Our Philadelphia Center City location is: Two Penn Center Plaza, Suite 200, Philadelphia, PA and we make ourselves available to meet with you locally throughout Pennsylvania. Our business and mailing address is 135 East State Street, Kennett Square PA 19348 in Chester County Pennsylvania.
When you have been accused of child pornography in Pennsylvania, you need justice; and you need a top criminal defense lawyer with years of experience winning the tough cases: contact the Justice for the Accused Criminal defense team today. Contact us 24/7 at (215) 515-6111.