Sexual Abuse of Children (PA’s Child Porn law)

Sexual Abuse of Children and Sexual Exploitation of Children (the two criminal charges making up PA’s Child Porn law) are criminal charges in PA. It can carry with it a lifetime of problems…. if you choose the wrong attorney. When it comes to finding the best Pennsylvania Sex Crimes attorney, we are it. 

Sexual-Abuse-Children

The Law of PA’s Child Porn Laws

Sexual Abuse of Children

You can read about Sexual Abuse of Children here: 18 Pa. Cons. Stat. § 6312 Sexual abuse of children. There are many different ways for the government to gain a conviction for this. Let’s look at them:

Photographing, videotaping, depicting on computer or filming sexual acts

To convict someone of Sexual Abuse of Children (Photographing, videotaping, depicting on computer or filming sexual acts), the government must prove beyond a reasonable doubt the following:

  1. the accused
  2. caused or knowingly permitted
  3. a child under the age of 18 years
  4. to engage in a prohibited sexual act or
  5. in the simulation of such act commits an offense
  6. if the defendant knows, has reason to know or intends that such act may be photographed, videotaped, depicted on computer or filmed.

or

  1. the accused
  2. knowingly photographs, videotapes, depicts on computer or films
  3. a child under the age of 18 years
  4. engaging in a prohibited sexual act or in the simulation of such an act.

For charges of Sexual Abuse of Children (Photographing, videotaping, depicting on computer or filming sexual acts), the law specifically does not allow a mistake of age defense. So, an accused cannot say that they were lied to about the person’s age or they believed the person was of age.

When selecting which attorney to hire, please consider:

  • Can you call anytime and talk to a live person?
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At The McShane Firm, we answer yes to all of these questions. We strive to provide you with a great customer service experience during this tough time.

Dissemination of photographs, videotapes, computer depictions and films

To convict someone of Sexual Abuse of Children (Dissemination of photographs, videotapes, computer depictions and films), the government must prove beyond a reasonable doubt the following:

  1. the accused
  2. knowingly sells, distributes, delivers, disseminates, transfers, displays or exhibits to others, or
  3. possesses for the purpose of sale, distribution, delivery, dissemination, transfer, display or exhibition to others,
  4. any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material
  5. depicting a child under the age of 18 years
  6. engaging in a prohibited sexual act or in the simulation of such act

Child pornography

To convict someone of Sexual Abuse of Children (Child pornography), the government must prove beyond a reasonable doubt the following:

  1. the accused
  2. intentionally views or
  3. knowingly possesses or
  4. controls
  5. any book, magazine, pamphlet, slide, photograph, film, videotape, computer
  6. depiction or other material depicting a child under the age of 18 years
  7. engaging in a prohibited sexual act or in the simulation of such act.

Important Definitions

“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.

“Prohibited sexual act.”  Sexual intercourse as defined in section 3101 (relating to definitions), masturbation, sadism, masochism, bestiality, fellatio, cunnilingus, lewd exhibition of the genitals or nudity if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such depiction.

Maximum Jail Time

For a conviction of Sexual Abuse of Children (Photographing, videotaping, depicting on computer or filming sexual acts), it is a Felony of the Second Degree. That carries with it a maximum jail sentence of 10 years and a maximum fine of $25,000.

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Sexual Abuse of Children (Dissemination of photographs, videotapes, computer depictions and films) is a Felony of the Third Degree for a first offense. An F3 carries with it a maximum jail sentence of 7 years and a maximum fine of $15,000. For second or subsequent offenses, it is a Felony of the Second Degree. A F2 carries with it a maximum jail sentence of 10 years and a maximum fine of $25,000.

Sexual Abuse of Children (Child Pornography) is a Felony of the Third Degree for a first offense. An F3 carries with it a maximum jail sentence of 7 years and a maximum fine of $15,000. For second or subsequent offenses, it is a Felony of the Second Degree. A F2 carries with it a maximum jail sentence of 10 years and a maximum fine of $25,000.

 

Sexual Exploitation of Children

You can read about Sexual Exploitation of Children here: 18 Pa. Cons. Stat. § 6320 Sexual exploitation of children

To convict someone of Sexual Exploitation of Children, the government must prove beyond a reasonable doubt the following:

  1. the accused
  2. procured for another person
  3. a child under 18 years of age for the purpose of sexual exploitation

“Procure.”  To obtain or make available for sexual exploitation.

“Sexual exploitation.”  Actual or simulated sexual activity or nudity arranged for the purpose of sexual stimulation or gratification of any person.

 

Maximum Jail Time

A conviction of Sexual Exploitation of Children is a Felony of the Second Degree. That carries with it a maximum jail sentence of 10 years and a maximum fine of $25,000.

 

Following you for life….

Megan’s Law and SVP

  • 18 Pa.C.S. § 6312(b) and (c) (relating to the Sexual Abuse of Children-Photographing, videotaping, depicting on computer or filming sexual acts and Sexual Abuse of Children-Dissemination of photographs, videotapes, computer depictions and films) is a Tier II Megan’s Law offense which is 25 years of registration.
  • 18 Pa.C.S. § 6312(d) (relating to Sexual Abuse of Children-Child Pornography) is a Tier I Megan’s Law offense which is 15 years of registration.
  • 18 Pa.C.S. § 6320 (relating to Sexual Exploitation of Children) is a Tier II Megan’s Law offense which is 25 years of registration.

These above listed offenses upon conviction or plea carry with it an automatic assessment by the Sex Offender Assessment Board for possible punishment under the Sexually Violent Predator statute.

Felony Conviction Consequences in Pennsylvania

Defenses that work

Statute of Limitations for Sexual Abuse of Children

In short, until the victim turns 50 years old. The statute of limitations for Sexual Abuse of Children is within 12 years of the offense date unless committed against someone under 18. If the victim is under 18, the prosecution must start by “the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age.”

Statutory defenses

The law of Sexual Abuse of Children does not apply to any of the following:

(1)  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.

(2)  Conduct prohibited under section 6321 (relating to transmission of sexually explicit images by minor), unless the conduct is specifically excluded by section 6321(d).

(3)  An individual under 18 years of age who knowingly views, photographs, videotapes, depicts on a computer or films or possesses or intentionally views a visual depiction as defined in section 6321 of himself alone in a state of nudity as defined in section 6321.

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This is our promise to you. Call today to get us on your side: (717) 657-3900.

Proof of age

When it comes to these charges lots of times, the age is unknown for certain. The government cannot positively ID the subject of the images/videos. The statute specifically allows the government to use expert testimony to try to prove age. They may try to sue dubious practices such as the Tanner Scale. This means that you can also use experts to refute the government’s conclusion or point out that it is just unknowable. If the government cannot prove that the subject is under 18, then you cannot be found guilty.

When it comes to digital collections, viruses, ghosting of computers and shareware can be found on a lot of computers where the owner doesn’t know the illegal images are there. 

Inadvertent or accidental viewing

The statute specifically says that accidental or inadvertent viewing of these types of images is illegal. The government will use any statement you make. Digital evidence such as file opening and viewing times as well as achieving or moving the images will factor into this fact based decision.