Sexual Abuse of a Child in the State of Pennsylvania

According to the Pennsylvania Department of Human Services, across the state, there were 4,203 children abused—nearly half of those sexually—over a one-year period in 2015. This is the number of substantiated child abuse cases, and represents a 25 percent increase from the prior year. Forty-seven percent of these substantiated cases involve the criminal offense of sexual abuse of a child. While these numbers are terrible and heartbreaking, there is another side to the issue. In some cases, when a person is charged with sexual abuse, he or she honestly had no idea there was child pornography on their computer. Hidden files can be sent with e-mails, which place pornographic photos on a person’s computer. This could be done on purpose, by someone who wants to hurt the person and cause him or her to be prosecuted, or it could be a random virus. 

What Constitutes Sexual Abuse of a Child?

Sexual abuse of children, despite the title, may not necessarily imply there was physical touching between an adult and a child, or a rape or molestation. Sexual abuse of a child encompasses such things as photographing a child in a sexually suggestive manner, or disseminating child pornography. To be more specific, under 18 Pennsylvania C.S.A, Section 6312, sexual abuse of a child occurs when:

 ·     When a minor, under the age of 18, is photographed, videotaped, or depicted on a computer, sexual abuse of a child has occurred. If an adult allows a minor under the age of 18 to engage in a prohibited sexual act, or the simulation of that act, the adult could be charged with child abuse if the adult knows, or should have known, the act would be photographed, depicted on a computer, videotaped or filmed.

·     If an adult knowingly exhibits, displays, sells, distributes, delivers or disseminates photographs, magazines, pamphlets, slides, films, books, videotapes or computer depictions of a child under the age of 18 engaging in a prohibited sexual act, or the simulation of a prohibited sexual act, he or she could be charged with sexual abuse of a child.

It is important to note that the legislature intended to include all interpersonal use of pornographic material under this statute, rather than only personal use. This includes noncommercial trading or exchange of such materials.

 Penalties for Sexual Abuse of a Child

If you cause, or knowingly permit a child under the age of 18 to engage in a prohibited sexual act (or simulation of the act), and you know—or should have known—that the act would be photographed, videotaped, depicted on a computer or filmed, you could be charged with a second-degree felony. If you knowingly sell, distribute, deliver, disseminate, transfer, display or exhibit to others any computer depiction, book, videotape, magazine, photograph, film, pamphlet or other material which depicts a child under the age of 18 engaging in a prohibited sexual act (or simulation of the act), you could be charged with a third-degree felony; subsequent offenses will be charged as a second-degree felony. 

If you intentionally view or knowingly possess a slide, pamphlet, book, magazine, film, computer depiction, photograph or videotape which depicts a child under the age of 18 engaging in a prohibited sexual act (or simulation of a prohibited sexual act), you will be charged with a third-degree felony. For second or subsequent offenses, you will be charged with a second-degree felony. A conviction for a third-degree felony in the state of Pennsylvania could result in up to seven years in prison, and up to $15,000 in fines. A conviction for a second-degree felony could result in up to ten years in prison, and up to $25,000 in fines. It is important to note that neither a misrepresentation of age by the child, or a belief on your part that the person is over the age of 18 will be considered a defense to the crime of sexual abuse of a child.

Potential Defenses to the Crime of Sexual Abuse of a Child

While your Pennsylvania criminal defense attorney will make a determination regarding your defense based on the circumstances surrounding the allegations, below are some defenses commonly used for this offense:

·     The material does not belong to me; perhaps it was found on your home or work computer, but was downloaded by someone else. Your attorney will engage the services of a computer forensic expert who will work to show you did not download the material.

·     The content is not child pornography; In some cases, certain images of children may have a legitimate educational or scientific purpose.

·     The materials were illegally seized by the police; There was no warrant, or false information was provided to secure a warrant. In this case, your attorney will file a Motion to Suppress the evidence as a Fourth Amendment violation. 

·     Lack of intent; You may have inadvertently typed a website address by mistake, which was one letter different from a pornographic website.

·     The age of the “child” is 18 or over.

·     Entrapment; When the police persuade or entice you to commit a crime which you otherwise lacked the intent to commit, your attorney may be able to show entrapment.

·     Psychological addiction. This defense is not an affirmative defense, however it can mitigate punishment when you have a credible psychological expert testifying to the addiction.

If you have been charged with Sexual Abuse of a Child, it is very important that you contact an experienced Pennsylvania criminal defense attorney as soon as possible. The sooner your attorney is on your case, the sooner he or she can begin building a defense on your behalf.

The sex crimes defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been accused of sexual assault 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, 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.