Introduction
18 Pa.C.S. § 6312, also known as the Sexual Abuse of Children statute, is a Pennsylvania law that criminalizes various acts related to child pornography and exploitation. Among the several subsections of this statute, § 6312(d) deals specifically with the possession of child pornography. In this blog post, we will explain the details of this charge and how it differs from other subsections of the crime. It is essential to understand the nuances of these charges and the potential consequences, especially if you or someone you know is facing charges under § 6312.
18 Pa.C.S. § 6312(d) – Possession of Child Pornography
Section 6312(d) of the Pennsylvania Crimes Code makes it a crime for a person to knowingly possess or control 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 an act.
This subsection differs from other subsections under § 6312, which deal with various forms of child pornography offenses, as follows:
- § 6312(a) – Photographing, Videotaping, Depicting on Computer, or Filming Sexual Acts
This subsection makes it a crime to cause or knowingly permit a child to engage in a prohibited sexual act, or to photograph, film, or depict on a computer a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such an act. The focus here is on the production or creation of child pornography.
- § 6312(b) – Dissemination of Photographs, Videotapes, Computer Depictions, and Films
This subsection criminalizes the distribution, dissemination, or transmission of any material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such an act. It also covers selling, delivering, or providing access to such material. The emphasis in this subsection is on sharing, transmitting, or providing access to child pornography.
- § 6312(c) – Child Pornography
Under this subsection, it is a crime to knowingly sell, distribute, deliver, disseminate, transfer, display, exhibit, or present 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 an act. This subsection focuses on the commercial aspects of child pornography.
Conclusion
Each subsection under 18 Pa.C.S. § 6312 targets different aspects of child pornography and exploitation. While § 6312(d) specifically addresses the possession of child pornography, other subsections cover the production, dissemination, and commercial aspects of the crime. If you or someone you know is facing charges under any of these subsections, it is crucial to seek experienced legal representation to navigate the complexities of these charges and protect your rights.
The McShane Firm has extensive experience in defending clients against various criminal charges, including those under § 6312. Contact us today to discuss your case and explore how our skilled legal team can help you.
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