One of the most egregious accusations you can face in Pennsylvania is that you created, possessed, or promoted child pornography. When allegations of child pornography in Greensburg arise, your first response should be to call a veteran child pornography attorney from Worgul, Sarna & Ness, Criminal Defense Attorneys.
You are going to need a knowledgeable, experienced, and aggressive defense lawyer to protect your rights and act as a voice on your behalf during the investigation and legal process. Our sex crime lawyers in Greensburg will work towards limiting the evidence against you and pursue the best possible outcome, which may be a dismissal, plea agreement, or acquittal.
To discuss your rights and all your options when you’ve been confronted with child pornography charges, contact us online or call (724) 834-1275. At Worgul, Sarna & Ness, Criminal Defense Attorneys, we offer free and always discreet initial consultations.
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Pennsylvania Child Pornography Law
Child pornography offenses are covered under 18 Pa. Code §6312, Sexual Abuse of Children:
- 18 Pa. Code §6312(b): Knowingly photographing, videotaping, depicting on computer, or filming sexual acts involving a child under 18 years old;
- 18 Pa. Code §6312(c): The knowing dissemination of photographs, videotapes, computer depictions, and films that depict children under the age of 18 years old engaged in sexual acts; and
- 18 Pa. Code §6312(d): Viewing or possessing child pornography.
What Is Child Pornography?
You may wonder what constitutes child pornography. For instance, how does child pornography differ from an innocent photo of a naked baby?
Under Pennsylvania law, child pornography may be any book, magazine, pamphlet, slide, photo, film, videotape, computer, depiction, or other material that depicts a child under the age of 18, engaging in a prohibited sexual act or in the simulation of such an act.
A prohibited sexual act includes another adult performing traditional sexual intercourse, oral sex, anal sex, penetration with a foreign object, indecent contact, masturbation, sadism, masochism on a minor, or a minor performing one of these acts on another person or bestiality, masturbation, lewd exhibition of the genitals, or nudity for the purpose of sexual stimulation or gratification. Child pornography also encompasses depictions of minors engaged in prohibited sex acts without another person present in the depiction.
If you have been arrested in Greensburg and charged with child pornography based on any of these circumstances, call our child pornography lawyers immediately.
Child Pornography Charges
The charges against you will depend on the facts of your case. An offense under 18 Pa. Code §6312(b), the creation of child pornography is a second-degree felony. An offense under 18 Pa. Code §6312(c) & (d), the dissemination or possession of child pornography is a third-degree felony.
In either case, if indecent contact with the minor is depicted, then you will be charged with one grade higher, which means facing a first-degree felony offense.
Penalties for Child Pornography
The statutory punishment for a child pornography conviction is based on the level of the felony.
- First-degree felonies: Up to 20 years of imprisonment and a fine up to $25,000.
- Second-degree felonies: A maximum of 10 years of incarceration and $25,000 in fines.
- Third-degree felonies: Up to seven years in prison and up to a $15,000 fine.
Child Porn & Sex Offender Registration
A child porn conviction in Pennsylvania also requires mandatory registration as a sex offender.
Under 18 Pa. Code §6312(d), possession of child pornography is a Tier I sexual offense with a requirement to register for 15 years. If you are convicted of any Tier II offenses, according to 18 Pa. Code §6312(b) & (c) you must register for 25 years. However, if the offense occurred before December 20, 2012, then a child pornography conviction mandates registration for 10 years.
Federal Child Pornography Charges
Child pornography charges are often brought under federal law. You could be charged under:
- 18 U.S.C. § 2251: Sexual Exploitation of Children
- 18 U.S.C. § 2251A: Selling and Buying of Children
- 18 U.S.C. § 2252: Certain activities relating to material involving the sexual exploitation of minors
- 18 U.S.C. § 2252A: Certain activities relating to material constituting or containing child pornography
- 18 U.S.C. § 2260: Production of sexually explicit depictions of a minor for importation into the U.S.
Federal law does not require that the image depict a child engaged in any sexual activity. A photo of a naked child can be considered child pornography if it is sexually suggestive.
If you are charged under one of these federal laws, you face harsh penalties. Producing child pornography under 18 U.S.C. § 2251 can be penalized with between 15 and 30 years in prison. Transporting child pornography under 18 U.S.C. § 2252 can lead to between five and 20 years in prison. If you have previous convictions or certain other circumstances apply, you could face life in prison.
Defending Against Child Pornography Charges in Greensburg, PA
If you are charged with a felony related to the production, dissemination, viewing, or possession of child pornography, you need to call experienced child pornography attorneys immediately to discuss your defense options.
Possible child porn defense strategies include:
- There has been a mistake of identity
- These are false allegations
- Another person viewed child pornography on your device or internet account
- Technological evidence, like an IP address, is not reliable
- You were subject to an unconstitutional search and seizure
- You are the victim of entrapment
- You reasonably believed the material you viewed, possessed, or disseminated depicted adults
A mistake of age is not always a defense. If you are accused of producing child pornography under 18 Pa. Code §6312(b), then claiming you did not know the age of the child is not a defense. You cannot claim that the minor said they were over 18 years old either.
Why Working with a Greensburg Child Porn Lawyer is Essential
If you are under investigation for child pornography by a local, state, or federal law agency, do not answer any officer’s questions. The best thing to do is to invoke your right to remain silent. Then, you need to clearly and unequivocally state you want an attorney. The next step is to contact a child pornography attorney or to have a friend or family member call us at Worgul, Sarna & Ness, Criminal Defense Attorneys.
We will protect your rights during a criminal investigation as well as work to limit the amount of evidence against you. We may seek to have certain evidence ruled inadmissible if it was unlawfully obtained or is not relevant to the case.
Contact Worgul, Sarna & Ness, Criminal Defense Attorneys Today
Being charged with child pornography in Greensburg or Dauphin County should never be taken lightly. These accusations are serious and cannot be merely explained away. At Worgul, Sarna & Ness, Criminal Defense Attorneys, we know how to handle these cases effectively and discretely. We always strive for the best possible result in every case and will discuss all the available options. When you work with us, our child pornography lawyers will ensure you understand the law, your rights, and all the potential outcomes.
To learn more about how we can help, contact us through our online form or call (724) 834-1275 and schedule a free, initial consultation.
