Pennsylvania Child Pornography Lawyer
Child pornography charges can be humiliating and irreversibly devastating to your reputation in the community. These allegations are likely to permanently damage relationships with your family, your friends, and your employer. When your entire life is at stake, you may need to contact a Pennsylvania child pornography lawyer for advice.
A conviction for child pornography can create a stigma that haunts you for the remainder of your life. You may be unable to return to your previous career and have extreme difficulties finding any employment. If you are facing child pornography charges, you may wish to speak to a knowledgeable criminal defense lawyer as soon as possible.
Possession of Child Pornography
Pa. Cons. Stat. § 6312 categorizes child pornography as sexual abuse of children. Under this statute, any persons who purposely look at or has possession of any depiction of a minor child engaging in actual or simulated prohibited sexual acts commits sexual abuse of children. This depiction may be in the form of a book, magazine, picture, video, film, or any other material.
Prohibited sexual acts include not only sexual intercourse but most types of sexual conduct, including nudity depicted for sexual stimulation or gratification of the viewer. Therefore, it is not necessary that the child engage in or appear to engage in sexual acts with another person for the depiction to constitute child pornography.
There are some exceptions to this statute. For example, anyone who possesses material meeting the definition of child pornography for a legitimate purpose, such as for scientific or educational use, does not commit sexual abuse of children. Another exception is for minors who create and view pictures or videos of themselves that qualify as child pornography.
Creating and Distributing Child Pornography
Taking any action to produce child pornography, whether through photographing, filming, videotaping, or depicting on a computer, also constitutes sexual abuse of children. This includes intentionally causing or allowing a minor to participate in the creation of child pornography, as well as taking any action to create the pornographic images.
Likewise, selling or distributing child pornography to any other person violates this statute. The possession of child pornography with intent to disseminate it in any way also is a prohibited act. Since the potential consequences of committing sexual abuse of children could be very severe, getting advice from a skilled lawyer in Pennsylvania may be wise.
Potential Child Pornography Penalties
A first-time possession of child pornography offense under this statute is a felony of the third degree. A second or subsequent offense is a felony of the second degree. Creating child pornography is a second-degree felony under Pennsylvania law; nonetheless, a first offense of distributing child pornography is a third-degree felony, but the charge increases to a second-degree felony if it is a second or subsequent offense.
However, if the pornographic materials depict indecent conduct with a child, then the offense increases one degree more than it usually would be. As the possible range of penalties for a child pornography conviction is harsh, meeting with a child pornography attorney may be crucial.
According to 101 Pa. Code § 15.66, conviction on a third-degree felony charge could result in a maximum seven-year prison sentence, along with a maximum $15,000 fine. Conviction on a second-degree felony may cause a prison sentence of up to ten years, along with a fine of up to $25,000. Additionally, individuals convicted of this offense may face mandatory sex offender registration.
Speak with a Pennsylvania Child Pornography Attorney Today
Child pornography is a grave crime under Pennsylvania law. If convicted, you could face life-altering repercussions. Even when your future appears grim, you may be able to improve your situation with the help of a Pennsylvania child pornography lawyer.
When individuals are facing criminal charges involving child pornography, the situation may seem grave. By obtaining legal advice and representation, you can make use of any defenses that may be relevant to your case. In this manner, you may be able to improve the ultimate resolution of your criminal charges. Call today to schedule a consultation.