The state of Pennsylvania has pornography laws that prohibit the dissemination of explicit materials to children and have a penalty that violates these laws. Any act connected to child pornography, whether it is a genuine or staged sexual act, taking pictures or making videos of a minor engaging in sexual activity is considered sexual abuse under Child pornography laws in Pennsylvania.
In this article by the Congdon-Law team, we’ll learn about the child pornography laws in Pennsylvania in detail.
What are the Child Pornography Laws in Pennsylvania?
In Pennsylvania, the prosecutors have the burden of proving that the defendant acted willfully in photographing, recording, or videotaping the sexual conduct; however, they need not establish that the defendant knew the kid was a minor.
The distribution of child pornographic materials is illegal as per the child pornography laws in Pennsylvania. Prosecutors may file a case against a suspect who publishes, offers for sale, distributes, or displays media that features minors under the age of 18.
What Counts As Sexually Harmful Conduct On The Web?
Charges for online sex crimes may occur in numerous ways, from seeking to meet someone for unlawful sexual interactions to seeing and sharing photos of kids over the internet. It is against the law in both Pennsylvania and the United States to engage in sexually explicit online communication with a minor.
The sending or receiving of sexually explicit messages, photos, or other forms of communication falls under this category. Other than child pornography, other online sex crimes include:
- Distributing child pornography via sexting (Sending Naked/Nude Photos/Videos)
- Underage sexual exploitation through social media apps.
- Sexual exploitation and prostitution in cyberspace.
- Legalized sex crimes.
In Pennsylvania, committing a sex offense online might lead to charges of corrupting kids. Depending on the nature of the crime, both the state of Pennsylvania and the federal government of the United States may control online sex offenses.
What is the Teenage Sexing Law in Pennsylvania?
As per the studies, 20% of the kids report sending or posting naked or partially naked photos of themselves via Sexting. Since sexting and cyberbullying have been linked to the deaths of a small number of teens, prosecutors spare no effort in trying to prove guilt.
Pennsylvania approved legislation in 2012 making sexting a summary crime for minors. The statute was intended to reduce the likelihood that a youngster would face criminal charges for child pornography. Nevertheless, these regulations appear draconian to many parents and kids, with 20% of teenagers engaging in sexting.
Other violations such as taking or disseminating photos for profit or pictures depicting more intensive sexual actions, like intercourse, penetration, or masturbation, are exempt from this rule. There are more severe penalties for these offenses.
Child Pornography Laws in Pennsylvania: Defenses and Exemptions
The accused of child pornography may or may not be able to invoke one of the few exemptions under the child pornography laws in Pennsylvania as a defense, depending on the specifics of the case.
Here are some of them:
- The state does not enforce its child pornography prohibitions on publications that have a legitimate educational, scientific, governmental, or judicial purpose.
- Someone under the age of 12 either watches, films, or distributes pornographic material featuring another person under the age of 12
- If a minor watches pictures, videos, or otherwise portrays and distributes film of one, they are breaking the law.
However, if it can be demonstrated that the defendant saw or distributed the content unintentionally or unwillingly, it may be considered a defense to child pornography viewing or distribution charges under the child pornography laws in Pennsylvania.
Consequences and Punishment Under Child Pornography Laws in Pennsylvania
In Pennsylvania, taking pictures, videos, or recording child pornography is a second-degree crime. if you are found guilty, a 10-year jail term is possible. First-time offenders may face up to five years in jail for committing a crime of the third degree. Any future crime will be treated as a felony of the second degree, with a maximum penalty of ten years in jail.
How to Defend against the Child Pornography Charges in Pennsylvania?
The prosecution must prove your guilt beyond a reasonable doubt in case of child pornography charges in Pennsylvania. They’ll need strong evidence to convict you of child pornography. To obtain evidence to support their allegation, police or federal agents must follow the required processes for any evidence to be accepted in court.
Child pornography investigations sometimes take weeks, if not months, of surveillance by law enforcement. Law enforcement and government organizations frequently depend on tips or sting operations to apprehend child porn criminals since these crimes are typically performed in secret.
Federal agencies can devote heavy human resources and money to gathering evidence and data due to their financial backing. They will confirm the link between your alleged criminal behavior and the whereabouts of more prominent actors in child pornography operations.
You may be asked to come in for interrogation by the investigating police or federal agents. They can make up a story that you’re not a suspect but that your knowledge is crucial to their case. They want you to incriminate yourself, making you think you can be helpful.
The best way to defend yourself against child pornography charges is to hire a highly reputed lawyer. His experience and knowledge might help you to come out without any sentence or punishment. You need to keep calm as the government must establish the following in a child pornography prosecution for it to be successful against you:
- The prosecution must first prove that the defendant had a pornographic book, pamphlet, magazine, slide, picture, film, videotape, computer representation, or other material portraying a minor under the age of 18 engaged in a sexual act or simulating a sex act.
- Second, the prosecution has to show that the defendant saw or maintained child pornography to violate the law.
Conclusion:
When it comes to child pornography charges, a lot has changed since the internet came along. People today can download illegal child pornography by clicking on the wrong tab while they’re online instead of the right one. It is essential to know that Pennsylvania law only punishes people who watch child pornography on purpose.
