Child Pornography Crimes

Chester County Child Pornography Porn Arrests and Charges

Few crimes carry the social stigma of alleged being involved with pornography involving children. Any person who has been arrested for this crime can forever have his or her life dramatically altered simply by being accused of committing this offense.

Prosecutors know the unfavorable view that judges and juries take of the alleged offenders facing these charges, and this often leads to extremely harsh sentences being sought. However, people in these situations can face not only possible imprisonment and fines, but entire lifetimes of difficulty in obtaining employment, housing, or the basic trust of friends and family.

West Chester Child Pornography Lawyer

If you have been arrested for viewing or possessing any pornographic material depicting a child less than 18 years of age, it is in your best interest to immediately seek skilled legal representation. Ciccarelli Law Offices defends clients throughout Southeastern Pennsylvania, including communities in Chester County, Lancaster County, Montgomery County, Delaware County, and the greater Philadelphia area.

Our Chester County child pornography attorneys work as a team to fully investigate these types of charges and then fight to get them reduced or completely dismissed. Call (610) 692-8700 right now to have our firm review your case during a free, confidential consultation.

The criminal offense of child pornography in the state of Pennsylvania is identified as Sexual Abuse of Children. As Internet use has become more widespread, federal and state laws have been created to address improper behavior involving child pornography. Under federal law, a person who distributes or receives child pornography could receive a sentence of five to twenty years in prison upon conviction. A conviction for manufacturing child pornography, under federal law, could result in between 15 and 30 years in a federal prison. In the state of Pennsylvania, you could also face felony charges for possession, manufacture or distribution of child pornography.  Large fines and mandatory treatment are also likely in the event of a conviction for child pornography.  A conviction for sexual abuse of child also requires registration as a sexual predator.

The laws concerning sexual abuse of children make it illegal for a person to ”sell, distribute, deliver, disseminate, transfer, display or exhibit to others… a videotape, computer depiction, photograph, pamphlet, magazine or book which depicts a child under the age of 18 who is engaging in a prohibited sexual act.”  Every single video or photograph can be considered a separate count of the offense. This means the person charged with child pornography may face literally dozens of counts of the crime. Other issues associated with Pennsylvania child pornography charges include the following:

• If charged with child pornography in the state of Pennsylvania for the first time, you will be charged with a third-degree felony. A second offense will be charged as a second-degree felony.
• Even if you thought the child was over the age of 18, or you were told the child was over the age of 18 (even by that child), these are not generally considered defenses to the crime of child pornography.
• Your computer and hard drive can be viewed by your employer as well as a computer repair technician if the charges revolve around your work computer.
• Sales or distribution of illegal child pornography images can be “graded,” depending on whether you have prior convictions for the crime and on the specific circumstances surrounding your charges.

Such charges in the state of Pennsylvania, are extremely grave. The charges may be for possession of child pornography, or dissemination of child pornography, which means sharing of the images. Any time child pornography exists on the hard drive of a person’s computer, and that pornography is transferred to another’s hard drive via a file-transfer program, dissemination has occurred. In some instances, the person could have been totally unaware file sharing of child pornography took place, yet a crime has still been committed, and a conviction on child pornography charges could result in prison time. Perhaps just as bad as being locked away for a specific number of years, a conviction for child pornography can result in the convicted person being designated as a sex offender for many years, or even the rest of that person’s life.

Child Pornography Charges in Chester County Pennsylvania

Now more than ever, state and federal law authorities know how to track images involving child pornography, whether by links or file sharing in Chester County.  If tagged, investigators will be alerted and an investigation can begin that ends with your arrest.  That is when warrants and subpoenas can be used to follow child pornography websites, pop ups, banners, and learn information on a suspect’s internet provider that may lead to finding who is responsible for visiting a website or receiving or sending illegal images.

Contact us before you speak to the Police or Federal Agents

Federal agents and prosecutors are interested in convictions. If you are asked to talk to federal investigators, it’s important to avoid self-incriminating statements. Since federal investigators are interested in prosecutions, they won’t tell you everything they know or where they intend to take an investigation. In child pornography linking cases, it’s not unusual for authorities to introduce conspiracy charges and allege someone is guilty of participating in a child pornography ring.

As your defense lawyers, we takes pre-emptive action when possible to short-circuit fishing expeditions on the part of investigators trying to ensnare those suspected of participating in a child pornography ring. While there may be nothing you can do to prevent the seizure of your hard drive, it may be possible to prevent over-zealous investigators from trying to convict you of something you are not guilty of.

Challenging Charges of Child Pornography

Our Pennsylvania Criminal Defense Lawyers have represented numerous clients charged in federal cases and in sex crimes. Working with investigators, psychologists, and computer forensic experts, we identify evidence ignored by federal investigators or gathered under questionable circumstances.  Sometimes, child porn may end up on a person’s hard drive due to pop ups or unsolicited emails. In defending our clients, we look at these and other possibilities in challenging the official story of prosecutors.

Over 25 Years of Criminal Defense Experience

Retain us for the experience and resources needed to fight rape and sex crime criminal charges in Chester County and, if necessary arrange a plea bargain that can reduce the sentence against our clients.  We can be reached 24/7 by email or toll free (610) 692-8700.

Potential Defenses to Child Pornography or Internet Child Pornography

It is important to remember that just because you have been charged with child pornography or Internet child pornography, this doesn’t mean you will receive a conviction for those crimes. There are certain defenses your Pennsylvania criminal defense attorney could possibly use to defend you of the crime you have been charged with. Of course your specific defense will depend on the circumstances surrounding your charges, however some of the more common defenses include:

• You were unaware of the child pornography on your computer, meaning there was no intent on your part. Perhaps the pornographic images or videos of children were the result of a virus, were downloaded by someone else with access to your computer, or were even downloaded entirely by accident.
• You are the victim of mistaken identity, meaning another person downloaded child pornography onto your computer without your permission or knowledge.
• You are the victim of entrapment, meaning a member of law enforcement enticed you into breaking the laws which govern child pornography.
• Your constitutional rights were violated during the search of your home. Perhaps there was no probable cause to search your home, or there was no warrant in place to do so.
• You downloaded a file-sharing program (Kazaa, Shareaza, Limewire, etc), and an outside computer hacker accessed your computer through this program, downloading illegal child pornography images without your knowledge—true innocence of the crime you have been accused of.

Aside from the criminal penalties associated with a child pornography conviction, those facing such charges will probably be treated as a pariah within their own community. Any sexual allegation involving children is likely to be explosive, with most people making an immediate assumption of guilt. Your reputation and your freedom are at stake when you are facing child pornography charges, and the humiliation of being labeled as a child sex offender can permeate into every single aspect of your life. You could potentially lose your job as a result of the charges, and, if convicted, you could find it extremely difficult to obtain employment in the future.

Aside from your employer or future employers, your spouse, family, friends, church family and those in your community, may face you with condemnation and disapproval. Your Pennsylvania criminal defense attorney will conduct a careful, thorough investigation into the facts of your case. Through this investigation, your attorney will determine how you were identified by the police as possessing child pornography, whether you were aware of the child pornography on your computer, whether you were aware a video or photograph you possessed was actually child pornography, and whether you received the child pornography images unintentionally via a file-sharing program.

What to Know if You are Charged with the Crime of Child Pornography

There are certain things you should be aware of should you find yourself being charged with the crime of child pornography in the state of Pennsylvania. First and foremost, don’t offend or anger those in charge of your investigation. Don’t discuss anything with the police, even to assert your innocence. Politely give your name and address, then request an attorney. Never let the police search your home, your office or your computer without a valid warrant.

Getting the Legal Help You Need and Deserve

Unfortunately, state prosecutors rarely want to recognize there are those who are truly unaware that child pornography existed on their computer without their knowledge. The prosecutor may attempt to pursue possession and distribution charges, even if you are absolutely innocent of the charges. Because of this, it is essential you have an experienced criminal defense attorney by your side from the moment you are charged, right on through. Your Pennsylvania criminal defense attorney will be skilled in addressing and fighting search warrants and will either have a clear understanding of computer security or will be able to bring in an expert who has that knowledge.

Pennsylvania Child Pornography Information Center

• What crimes can a person be charged with relating to this type of pornographic material?
• How is a sentence determined if an alleged offender is convicted?
• Where can I find answers to frequently asked questions about this crime?

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Child Pornography Charges in Chester County

Under 18 Pa. Cons. Stat. § 6312(d), an alleged offender commits this crime if he or she intentionally views or knowingly possesses or controls any of the following types of material depicting a child under 18 years of age engaging in a prohibited sexual act or in the simulation of such act:

• Book;
• Magazine;
• Pamphlet;
• Slide;
• Photograph;
• Film;
• Videotape;
• Computer depiction;
• Any other material.

Child pornography crimes are felony offenses. If the alleged material depicted any indecent contact with the child—defined under 18 Pa. Cons. Stat. § 3101 as any touching of the sexual or other intimate parts for the purpose of arousing or gratifying sexual desire—any of the following offenses will be graded one grade higher than specified.

Offenses involving the intentional viewing or knowingly possession, control, or dissemination of child pornography that do not involve indecent contact are graded as follows according to 18 Pa. Cons. Stat. § 6312(d.1):

• First Offense — Third-degree felony
• Any Subsequent Offense — Second-degree felony

Additionally, an alleged offender will also be charged with a second-degree felony under 18 Pa. Cons. Stat. § 6312(c) if he or she allegedly:

• Causes or knowingly permits a child under 18 years of age to engage in a prohibited sexual act, if the alleged offender knows, has reason to know, or intends that such act may be photographed, videotaped, depicted on computer or filmed;
• Causes or knowingly permits a child under 18 years of age to engage in the simulation of a prohibited sexual act, if the alleged offender knows, has reason to know, or intends that such act may be photographed, videotaped, depicted on computer or filmed; or
• Knowingly photographs, videotapes, depicts on computer, or films a child under 18 years of age engaging in a prohibited sexual act or in the simulation of such an act commits an offense.

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Pennsylvania Child Pornography Penalties

If an alleged offender is convicted of this crime, his or her sentence will depend on a number of factors. The first factor is the grading of the specific offense.

The statutory maximums for each grade of felony are as follows:

• Third-Degree Felony — Up to seven years in prison and up to $15,000 in fines
• Second-Degree Felony — Up to 10 years in prison and up to $25,000 in fines
• First-Degree Felony — Up to 20 years in prison and up to $25,000 in fines

When deciding a sentence, a judge will take into account two additional factors: the alleged offender’s Offense Gravity Score (OGS) and his or her Prior Record Score. The OGS is a number between 1 and 14 that represents the severity of the current offense, with higher numbers representing more serious crimes and leading to longer sentences. A Prior Record Score is a point value between 1 and 5 or Repeat Violent Offender (REVOC), Repeat Felony 1, or Repeat Felony 2 Offender (RFEL) designations that represent the alleged offender’s previous convictions.

Child pornography crimes have the following impact on OGS and Prior Record Score calculations:

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Chester County Child Pornography FAQ

Can I still be charged if I honestly believed that the alleged child was at least 18 years of age?

Yes. Under 18 Pa. Cons. Stat. § 6312(e.1), an alleged offender is prohibited form claiming he or she did not know the age of the child. Neither the bona fide belief of the alleged offender that the child was over a specified age nor a misrepresentation of age by the child are recognized as legal defenses.

Do I have a defense if I was tricked by an undercover police officer who was soliciting a sexually-oriented conversation?

You might be able to utilize an entrapment defense if law enforcement induced you to commit a crime you would not otherwise commit. While the entrapment involved in the 1992 United States Supreme Court child pornography case Jacobson v. United States led to greater consideration of this defense, it should be noted that this still remains a very difficult claim to prove.

Is there any way to prove that I was not responsible for the child pornography that was found on my computer?

There may be any one of a number of explanations for how people inadvertently ended up with pornographic material on their computers. Computer viruses, hacking victims, password breaches, or misleading download titles can all be possible reasons that alleged offenders unknowingly end up with such material.

Will I have to register as a sex offender if I am convicted of one of these crimes?

Yes. A conviction for possession of child pornography will require a person to register for 15 years, and a conviction for either photographing, videotaping, depicting on computer or filming sexual acts involving a child or dissemination of photographs, videotapes, computer depictions and films involving a child will require the offender to register for 25 years.

If I know I am guilty, why should I pay a lawyer?

Even if you know you broke the law, you should not expect much mercy from the court for your honesty. An attorney can review your case and not only negotiate a more forgiving sentence, but he or she may also be able to identify possible flaws in the prosecution’s case—such as an illegal search and seizure by police—that could even result in your case being thrown out.

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Find the Best Child Pornography Lawyer in West Chester

Are you currently under investigation or have you already been arrested for any crime relating to pornography featuring minors? Make sure that you have legal counsel before you make any type of statement.

Ciccarelli Law Offices fights to get the most favorable outcomes for people all over Southeastern Pennsylvania facing these charges, and our firm has offices in West Chester, Philadelphia, Malvern, Kennett Square, Radnor, King of Prussia, Lancaster, and Plymouth Square. Let our Chester County child pornography attorneys provide a complete evaluation of your case by calling (610) 692-8700 today to take advantage of a free consultation.

Contact Our Pennsylvania Child Pornography Lawyers

If you have been charged with child pornography in West Chester PA, Chester County or suburban Pennsylvania, it is crucial you speak to an experienced Pennsylvania criminal defense attorney in order to ensure your rights are protected and your future holds some hope.

The criminal defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been accused of child pornography crimes. Our Chester County based law firm is based at 304 North High Street, West Chester PA 19380 and serves clients in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Honey Brook, King of Prussia, Lancaster, Media, Oxford, Malvern, Parkesburg, Phoenixville and Paoli. Contact us now at (610) 692-8700 or call toll free (877) 529-2422. Don’t wait—contact an attorney immediately.