Sexual Exploitation of a Child in West Chester Pennsylvania

Any type of sexual allegation against a child in the state of Pennsylvania is taken extremely seriously, and the penalties for a conviction of a sexual offense against a child are harsh. While in many cases, this is how it should be, others may face the social stigma and the criminal penalties which can result from allegations of sexual misconduct against a child—yet may be entirely innocent of the charges. 

In fact, charges of this nature may sometimes be the result of false allegations, misunderstandings, or a child who has been coached, either purposely or accidentally. Under Pennsylvania law, the offense of sexual exploitation of children can be enforced as a statutory charge which means even if the alleged victim is younger than the age of consent in the state, and even if the alleged victim willingly engaged in the sexual relations, the adult can still be charged. Sexual exploitation of a child is a charge which is unique to the state.

What is Sexual Exploitation of a Child?

Under the laws of Pennsylvania (18 Pennsylvania Criminal Statutes, Section 6320), any person who “obtains” a minor who is under the age of 18 for sexual purposes, may be charged with sexual exploitation of a child. Sexual exploitation occurs when there is child nudity which is meant to sexually stimulate an adult. Child prostitution, taking nude photographs of a child, filming a child engaging in a sexual act, or engaging a child in a sexual act are all examples of sexual exploitation of a child. It is important to note, that, in general, the law does not allow as a defense the fact that you were unaware the person was under the age of 18, even if that person specifically told you he or she was 18 or older. 

Penalties Associated with a Conviction for Sexual Exploitation of a Child

You will be charged with a second-degree felony for the offense of sexual exploitation of a child. If convicted, you could face a fine as large as $25,000, and a prison sentence of up to ten years. Depending on the circumstances surrounding your offense, you could also be required to register as a sex offender. Having to register as a sex offender could prevent you from ever getting your life back on track. Not only will you deal with the “normal” consequences experienced by those who have a felony conviction on their criminal record, you will additionally deal with the consequences faced by registered sex offenders. You may:

 ·     Be unable to ever own a firearm again;

·     Be unable to obtain a professional license;

·     Be unable to obtain a government student loan;

·     Lose your current job;

·     Be unable to obtain employment;

·     Be unable to rent an apartment;

·     Be listed on the Pennsylvania sexual offender registry which is available to any person with a computer;

·     Be required to register as a sex offender for 15 years, 25 years, or for the remainder of your life;

·     Be unable to be awarded any type of custody or even visitation with your children;

·     Lose any custody or visitation rights you did have;

·     Be required to present yourself and have an updated photograph taken either once a year, every six months, or every three months, and

·     Be required to deal with the serious social stigma which accompanies sex offenses against a child.

Defenses to the Offense of Sexual Exploitation of a Child in Pennsylvania

While your attorney will build your defense based on the specific circumstances surrounding your charges of sexual exploitation of a child, the following are defenses which are commonly used in this situation:

·     You are actually innocent of the charges, i.e. you were misidentified, or falsely accused. The motivations of the accuser are highly relevant to a sex offense defense, requiring an exhaustive investigation, and perhaps even the use of psychological experts to uncover the facts. 

·     A contentious child custody dispute led to false allegations of sexual exploitation in order to gain an advantage in family court.

·     The false allegations were made by a person who wants to extort money from you—employees have brought such charges against their employer, others have levelled such charges against a celebrity, while still others have used this type of extortion by a person angry over an extramarital affair.

·     The evidence against you was illegally obtained, therefore should be ruled inadmissible or be suppressed. When photographs, computer files or other records are obtained from you, law enforcement must follow strict search and seizure guidelines, and if these guidelines are not followed your Constitutional Rights may have been violated. 

·     The evidence given by the child in question may have been tainted. If a child is subject to a biased and/or suggestive interview by a parent, a teacher, a counselor, therapist or teacher who asks leading questions of the child, then false memories can be built regarding events which did not occur. 

As you may have already found, even the allegations of sexual exploitation of a child—or any sex crime involving a minor—has serious, life-altering consequences. Your freedom is at stake, your future is at state, and your reputation is at stake. For all these reasons, you should make sure you have a strong, experienced Pennsylvania criminal defense attorney by your side from the moment you are charged.

Even if you think you may be charged with the offence of sexual exploitation of a child, by contacting an attorney who has extensive experience in defending this charge, you have made a wise investment in your future. Your Pennsylvania criminal defense attorney can explain your options, and begin building a strong defense on your behalf while protecting your rights and your future.

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.