Philadelphia Child Porn Defense
Child Pornography Charges in Philadelphia
Have you been accused of child pornography? If so, this is not a minor accusation. You face severe and long-term penalties and consequences that could destroy your life and future. Even if you do not get convicted, child pornography charges will likely ruin your reputation in the community, your career, and your relationships.
The very accusation of child pornography places you in a position of extreme public scrutiny, and many people assume you are guilty without the benefit of proof and a trial. Because of this, you must have an extremely experienced Pennsylvania criminal defense attorney by your side from the moment you get charged.
Perhaps the charges are accurate, but there are extenuating circumstances. If so, your attorney will work hard to ensure your side of the story gets told. Others may have had access to your computer, or malicious software could place those images on your computer without your knowledge. According to computer experts, file-sharing programs can infect your computer through file-sharing programs, advertisements, and illegal websites.
Regardless of the circumstances, you deserve an aggressive defense of the charges. You need a Pennsylvania criminal defense attorney who will listen to you, then outline your options. There are so many facets to sex crime charges that only a highly skilled Pennsylvania child pornography defense lawyer knows how to investigate.
In many situations, police misconduct, illegal search and seizure, and Miranda Rights violations can jeopardize the prosecution’s case against you. The evidence against you could have been mishandled or files destroyed that would prove your innocence. Whatever your situation, a conviction for this offense could leave your life in shambles for a very long time. Don’t leave your charges to chance, and never believe that you couldn’t possibly be convicted because you are innocent.
With a good lawyer on your side, you can fight these serious allegations swiftly. Protect your rights and future by hiring a knowledgeable, experienced criminal defense attorney like Lee Ciccarelli.
What is Involved in Charges of Child Pornography?
In Pennsylvania, it is a criminal offense to depict—via a photograph or video—any sexual act involving a minor under 18. Willful possession of such photographs or videos and “intentional viewership” are also criminal offenses, although the law attempts to distinguish between intentional and non-intentional viewership. Intentional viewership is a deliberate, purposeful, and voluntary viewing of child pornography.
Unfortunately, purpose and intent can be abstract concepts that can be difficult to define and definitively prove. “Dissemination” encompasses knowingly selling, distributing, delivering, transferring, displaying, or exhibiting to others any sexual act involving a minor under the age of 18. It is important to note that under the law, it is a criminal act to view, own, or disseminate these materials regardless of whether the act is real or simulated. It is also not a defense that you had no idea the minor was under 18.
What Are the Penalties for Child Pornography?
Possession of child pornography as a first offense is often prosecuted as a third-degree felony. A second offense of possession of child pornography is a second-degree felony. A first offense of distributing child pornography is also a third-degree felony, while photographing or filming the acts in question is treated as a second-degree felony. If the pornography items depict indecent conduct with a child, the offense moves up one felony. (A third-degree felony becomes a second-degree felony, and so on).
In Pennsylvania, a third-degree felony conviction can result in a maximum seven-year prison sentence and a fine as large as $15,000. A second-degree felony conviction could result in a prison sentence of up to ten years and a fine of $25,000. Perhaps just as crucial, those convicted of child pornography could face mandatory sex offender registration. The years you would be required to register as a sex offender will depend on whether your offense falls under Tier 1, Tier 2, or Tier 3.
If your offense falls under Tier 1, you must appear at a Pennsylvania State Police office yearly for fifteen years to have your photo taken and update your contact information.
Tier 2 offenders must appear at a Pennsylvania State Police office every six months and remain on the registry for 25 years.
Tier 3 offenders are on the sexual registry for life and must have their photo taken at a Pennsylvania State Police Office four times yearly. About 60 percent of sexual offenders on the registry fall under Tier 3 in the state of Pennsylvania.
What Are the Potential Defenses for Child Pornography?
Defenses for possession of child pornography could include proof that another person placed the photos or videos on your computer. Photographs or videos with some type of governmental, judicial, scientific, or educational purpose are exempt from the pornography laws of Pennsylvania. If a person under 18 views, photographs, videotapes, or otherwise depicts and disseminates footage of themselves—and only themselves—they may not be charged with the criminal offense of child pornography.
A minor viewing or disseminating child pornography of another minor who is at least 12 years old may also not be prosecuted for the offense of child pornography. If your attorney can prove you viewed or disseminated the material involuntarily or accidentally, your charges could be dropped. If, however, you are found to have photographed or videotaped child pornography, your defenses are much more limited. Your attorney will thoroughly assess your situation and the facts surrounding your case before choosing the best defense for your charges.
Could You Face Federal Charges for the Crime of Child Pornography?
Because the charge of child pornography—whether viewing, creating, or possession—is prohibited under federal law, you could get prosecuted in federal court, either instead of or in addition to your Pennsylvania charges. The federal penalties for a violation of child pornography laws as far as photographing, videotaping, selling, etc., include a sentence of 5-20 years in federal prison. Subsequent violations could result in a sentence of up to 40 years in federal prison. Possession of child pornography usually results in a sentence of up to ten years—unless the images portray a child under the age of 12, the sentence could increase to 20 years in federal prison.
Child Pornography Statutes
The law defines child pornography as the visual depiction by film, picture, computer image, or other means of an identifiable minor engaging in sexually explicit or lewd conduct. This includes non-pornographic digitally altered images and images of adults under 18.
Child pornography laws prohibit producing, distributing, selling, or 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 profound social stigma of child sex offenders. With computers, it is easy to commit this crime unknowingly. For example, if you view an image on a website 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 possessing pornographic images may seem minor, 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 prosecute these offenses aggressively.
Pennsylvania Pornography Statutes
6312. Sexual abuse of children.
(a) Definition.–(Deleted by amendment).
(b) Photographing, videotaping, depicting on a 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 a felony of the second degree if such person knows, has reason to know or intends that such action may be photographed, videotaped, depicted on a computer or filmed. Any person who knowingly photographs, videotapes, depicts on a 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 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.
(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 child’s age. 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 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 the simulation of such act. The term shall not include the accidental or inadvertent viewing of such material.
Helping Those Charged with Child Pornography in Philadelphia
Our team of Pennsylvania criminal defense lawyers is 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.
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.
When you have been accused of child pornography in Philadelphia, 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.