In Pennsylvania, the crime of Child Pornography is formally identified as SEXUAL ABUSE OF CHILDREN.
It is illegal for any person to knowingly sell, distribute, deliver, disseminate, transfer, display or exhibit to others or who possess for the purpose of sale, distribution, delivery, dissemination, transfer, display or exhibition to others, any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years of age engaging in a prohibited sexual act.
It is also illegal for a person to knowingly possess or control any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years of age engaging in a prohibited sexual act.
It is considered a violation of the crime of Sexual Abuse of Children to upload or download depictions of anyone under the age of 18 engaged in a prohibited sexual act.
Each image, picture, or video is considered a separate crime or count. In these types of cases, it’s quite common for a person to be charged with hundreds of counts of Sexual Abuse of Children, one count for each depiction.
Child pornography charges or “Sexual Abuse of Children” are extremely serious charges in Pennsylvania. The charges are always traced back to a computer’s hard drive. There are typically 2 types of these charges, possession and dissemination, both of which are very serious felony charges. Dissemination, or sharing of child porn, occurs when child pornography is on a person’ hard drive and it is copied to another person’s hard drive through a file sharing program. The sharing of the child porn is identical to the way music and movie videos are downloaded. Ironically, the owner of the host computer is unaware that the file sharing of child pornography is taking place. Nonetheless, when the file is copied the crime has been committed. Conviction will very often lead to incarceration.
Conviction for child pornography or “Sexual Abuse of Children” is a Megan’s Law offense and the person convicted will be designated a “sex offender” and is court ordered to comply with numerous conditions including strict reporting requirements. A person convicted of Sexual Abuse of Children will be court ordered to undergo an evaluation by the Pennsylvania Sexual Offender’s Assessment Board to determine if the criteria for a “sexually violent predator” has been met. If the SOAB determines a person meets the criteria to be considered a SVP, the court will order a special hearing be held on this matter. The defendant can retain his own qualified expert to testify on his behalf.
The individuals charged with Child Pornography or Sexual Abuse of Children always seem to be adult males. Atty. Munley usually has his clients charged with these crimes enroll in sex offender therapy with a local, qualified professional.
If you have been charged with Child Pornography or Sexual Abuse of Children call or contact us and we’ll be happy to review your case.