Juvenile Sex Crimes Defense Lawyer

Pennsylvania Juvenile Sex Crimes in Chester County

If your child has been arrested and charged with a sex crime in Pennsylvania, the highly experienced criminal defense attorneys at the Ciccarelli Law Offices can help. We will fight aggressively for your child’s rights and their freedom. We will protect them during this difficult time and represent them aggressively throughout the criminal process. Contact the Ciccarelli Law Offices today by email or by phone at (610) 692-8700 or (877) 529-2422 immediately to begin building a solid defense against these serious charges. We fight for our juvenile clients facing juvenile charges throughout Pennsylvania. Based in West Chester PA (Chester County), with satellite offices, we serve clients throughout Pennsylvania including Philadelphia, Lancaster, Media (Delaware County), Norristown, King of Prussia, Pottstown (Montgomery County). Have questions, contact our juvenile crimes lawyers now.

Campaign for Youth Justice offers “key facts” regarding juvenile sex offenders, perhaps the most important of those being that juvenile sex offenders are statistically much less likely than adult sex offenders or even juveniles who committed a non-sex offense, to re-offend. In fact, more than 90 percent of those juveniles arrested for a sex offense will never re-offend, rather the sex offense was a one-time event. This statistic definitely lends credibility to the overall juvenile crime “theme” which is rehabilitation rather than punishment.

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An alleged juvenile offender who is tried as an adult could face any of the following offenses (Title 18 § 3124.1) and the harsh penalties, if convicted.

Rape—a first-degree felony in the state of Pennsylvania, punishable by up to 10 years in prison, $100,000 in fines and sex offender registration.
Rape of a Child—a first-degree felony in the state of Pennsylvania, punishable by up to 40 years in prison if the victim is younger than 13, fines and sex offender registration. (If the child suffered bodily injury, the juvenile could be sentenced to life in prison).
Statutory Sexual Assault—a second-degree felony when the alleged victim is under the age of 16 and the juvenile offender is at least four years older but less than 11 years older than the victim. The penalties for a second-degree felony in the state of Pennsylvania is 5-10 years in prison, up to $25,000 in fines and registration as a sex offender.
Sexual Assault—a second-degree felony in the state of Pennsylvania with penalties of 5-10 years in prison, up to $25,000 in fines and registration as a sex offender.
Aggravated Indecent Assault—a second-degree felony in the state of Pennsylvania with penalties of 5-10 years in prison, up to $25,000 in fines and registration as a sex offender.
Aggravated Indecent Assault of a Child (under the age of 13)—a first-degree felony in the state of Pennsylvania with penalties of 10 years up to 40 years in prison, fines up to $100,000 and registration as a sex offender.
Indecent Assault—a second-degree misdemeanor in the state of Pennsylvania with penalties of 1-2 years in prison and fines as large as $5,000.
Incest—a second-degree felony in the state of Pennsylvania with penalties from 5-10 years in prison and fines as large as $25,000.
Sexual abuse of children—a second-degree felony in the state of Pennsylvania with penalties from 5-10 years in prison and fines as large as $25,000. Sexual abuse of children includes permitting a child under the age of 18 to engage in a prohibited sexual act, or the simulation of such an act if the alleged offender has reason to know the act may be photographed, depicted on computer, filmed or videotaped.

Juvenile Sex Crimes in the State of Pennsylvania

As you can see, you definitely do not want your child tried as an adult for allegations of a sex crime, as the outcome can be extremely harsh. In short, should your child be tried as an adult for a sex crime committed in the state of Pennsylvania, there is the very real risk that his or her life will be forever altered—and not in a positive manner. Because of this, you will want to do everything in your power to ensure your child’s sex crime charges remain in juvenile court. This will immediately minimize the juvenile’s exposure to the severe penalties associated with adult sex crimes. Juveniles can be charged with any sex crime an adult can be charged with, including those listed above as well as date rape, prostitution, indecent exposure, lewd acts, possession of child pornography, internet sex crimes and sexting.

Juveniles More Amenable to Treatment Following a Sex Offense

A large proportion of juveniles arrested for sex crimes are amenable to treatment, and because juveniles are still developing and transitioning—meaning their sexual offending behaviors are not yet “fixed”—treatments among these juveniles is quite promising. Due to the high rate of success in treating juveniles who have committed a sex crime, the Association for the Treatment of Sexual Offenders suggests that only in the most extreme cases should juveniles be subjected to community notification procedures (sexual offender registry). While many states do allow juveniles who commit sex crimes to be tried and sentenced in the adult criminal justice system, research shows incarceration in an adult prison to be highly ineffective for these juveniles.

Juvenile Sex Offenders Placed in Adult Prison Suffer Very Poor Outcomes

Those juveniles who spend their formative years in an adult prison environment are nearly eight times as likely to commit suicide, 50 percent more likely to be attacked with some type of weapon and twice as likely to be beaten by staff. Compare this to treatment in a youth rehabilitation facility which can successfully rehabilitate the juvenile while also saving the taxpayers money (incarceration in adult prison costs from $20,000 per year and up while a year in a juvenile detention center cost about $5,000).

Juvenile Sex Offenders Often Stigmatized for Life

In the push to protect children from sexual violence, many juveniles are indiscriminately branded as sexual predators. Not only does this typically not protect communities, it can also significantly hurt juveniles by alienating them from jobs, schools and families and stigmatizing them in their community. According to the Department of Justice, less than one percent of all arrests for those 17 and under were for a sex offense and since recidivism rates for juvenile sex offenses are extremely low, it simply makes much more sense to offer treatment to juveniles accused of a sex crime rather than adult court “justice.”

Juvenile Sex Offenses Inappropriate, Rarely Deviant or Violent

It is also a fact that while many believe a juvenile who commits a sex offense is violent, even deviant, many young people are charged with a sex offense which is, in actuality, a normative—if inappropriate—behavior. Most sex offenses committed by a juvenile lack aggression and are rarely abusive. Further, few juveniles charged with a sex crime meet the criteria for pedophilia, because the juvenile is not an adult. In the end, treatment approaches used for adults who have committed a sex crime used for juveniles is not only ineffective, they can be extremely harmful.

The State of Pennsylvania’s Stance on Juvenile Sex Crimes

While all states should take allegations of criminal sex offenses seriously, Pennsylvania is, unfortunately, one of the states which typically seeks to have juvenile sex offenders tried as adults rather than in juvenile court. This type of “justice” can result in lengthy imprisonment terms, heavy fines and huge long-term consequences for these juvenile offenders. Because the future of the juvenile offender charged with a sex crime is at stake, it is extremely important that an experienced Pennsylvania juvenile sex crimes attorney be consulted as soon as the juvenile is charged. Strong, capable representation is crucial during this time to ensure the rights of the juvenile are properly protected.

What is Sexting?

Sexting (18 Pa. Con. Stat. § § 5702, 6321) is actually much more common among teens than among adults and is the practice of sending explicit, pornographic or erotic photos or videos through an electronic device (cell phone, iPad, computer or other type of tablet. Prior to 2012 the state of Pennsylvania had no specific laws regarding sexting, covering the crime under existing child pornography laws. Teen sexting is on the rise across the nation as well as in the state of Pennsylvania.

The new laws in the state address—and criminalize—the transmission of sexually explicit photographs or videos by anyone under the age of 18. This includes any electronic communication containing a nude image of the person sending the communication or a nude image of any person older than 12 or younger than 18. Teens are also not allowed to possess a nude photo of any person between the ages of 12 and 17. If the photos are shared with others without the explicit permission in an attempt to bully or harass, the punishments will be much more severe.

Teen sexting charges are typically handled in juvenile court in the state of Pennsylvania, therefore the judge has considerably more discretion regarding penalties for the crime. A teen who shares nude photographs of himself or herself or who is found to be in possession of nude images of other teens could spend up to three months in county jail, fines up to $300, and potentially referral to the state’s juvenile diversionary program. The juvenile diversionary program is an educational program which teaches teens about the harm consequences associated with sexting. Teens who complete the diversionary program successfully will be able to have his or her sexting charges expunged.

Call a Pennsylvania Juvenile Criminal Defense Lawyer

For other sex offenses committed by juveniles but tried as adult offenses, the Pennsylvania Supreme Court recently ruled that juvenile sex offender registration requirements are unconstitutional. The Sexual Offender Registration and Notification Act, while requiring juveniles to register as sex offenders for life when found guilty of certain sex offenses after the age of 14, also now gives juveniles the right to request registry removal at age 25 so long as treatment programs have been completed, and there have been no further convictions for a criminal offense. It is extremely important to contact a knowledgeable Pennsylvania juvenile criminal defense lawyer if your child has been charged with a sex offense.

If your child has been arrested and charged with a crime, the highly experienced criminal defense attorneys at the Ciccarelli Law Offices can help. We will fight aggressively for your child’s rights and their freedom. We will protect them during this difficult time and represent them aggressively throughout the criminal process. Contact the Ciccarelli Law Offices today by email or by phone at (610) 692-8700 or (877) 529-2422 immediately to begin building a solid defense against these serious charges.

Many states have been forced to rethink the policies associated with juvenile sex crimes as those crimes relate to the sex offender registry. Pennsylvania is one such state, ending lifetime registration for juveniles convicted of a sex crime. Many concerns have been raised regarding the effect of putting juveniles’ names and photos on a registry, whether that registry is available to the public, or only to law enforcement. Being placed on the sex registry can unfairly expose juveniles to the stigmatism associated with any sex crime, even if the crime was for inappropriate behavior rather than a more serious sex crime.

As an example, consider the case of a 10-year old Michigan girl who spent time in jail after she and her younger brothers “flashed” one another. When the girl turned 18, she was placed on the state’s adult sex registry—a punishment which seems extreme for the actual “crime.” Since the recidivism rate for juvenile sex offenders is less than 5 percent, requiring juveniles to be placed on the sex registry simply does not make sense—and can completely ruin the future of the juvenile.

The Negative Consequences of Placing Juveniles on the Sex Registry

Juveniles placed on a sex registry list are much more likely to be targeted by police, charged with new offenses, than those juveniles who were not required to register. The state of Pennsylvania’s lifetime registration requirement for juvenile sex crimes was overturned by the state’s Supreme Court in 2014. Even so, there are many adverse consequences for a juvenile convicted of a sex crime in the state of Pennsylvania. If your child has been charged with a sex crime, the best thing you can do is immediately contact an experienced Chester County juvenile sex crimes defense attorney who has significant experience in defending juveniles charged with a sex crime.

Ensuring Your Child’s Charges Remain in Juvenile Court

The goal of the Pennsylvania juvenile system is, ostensibly, rehabilitation rather than punishment. That being said, it is a serious mistake for parents to assume their juvenile will be handled gently in the criminal justice system, after being charged with a sex crime. The very first thing your Chester County defense attorney will address, is keeping your child’s charges in the Pennsylvania juvenile system—where they belong. This will immediately minimize your child’s exposure to the severe penalties associated with adult sex crime cases. Your Philadelphia juvenile sex crimes attorney can answer your questions, relieving at least a portion of the stress you are experiencing. In many instances, your child may have legal rights and options which can result in a much better outcome, once your attorney has taken the case.

Sex Crimes Juveniles May Be Charged With

A juvenile can be charged with any sex crime an adult can be charged with, including:

Sexual assault;
Sexual assault of a child;
Rape;
Aggravated sexual assault;
Indecency with a child;
Date rape;
Prostitution;
Indecent exposure;
Lewd acts;
Possession of child pornography;
Internet sex crimes;
Attempted sexual assault, and
“Sexting.”

What is “Sexting”?

Sexting is a much more common offense among teen agers than among adults. Sexting is the practice of sending erotic, pornographic or explicit photographs or videos through an electronic device, including a computer, an iPod, a cell phone or a tablet. Until 2012, Pennsylvania had no specific laws regarding sexting, therefore these actions were covered under the state’s child pornography laws. Since Pennsylvania’s child pornography laws were meant to hand down harsh punishment to adults who solicit pornographic images from underage juveniles, a teenage sexting conviction could result in extremely harsh punishments.

Teen Sexting on the Rise

Teen sexting is on the rise across the nation and in the state of Pennsylvania—20 percent of teens in the state admit to sending nude or suggestive photographs of themselves to peers via their cell phone. Since this translates into one in every five teens having sent an explicit photo to another teen, you can see the potential for extremely serious charges and penalties.

New Pennsylvania Laws Specifically Address Teen Sexting

The new Pennsylvania sexting laws criminalized the transmission of sexually explicit images by those under the age of 18. The law prohibits the transmission, distribution or sharing of any electronic communication which contains a nude image of the person sending it, or any person older than 12, but younger than 18. The law also prohibits a teen from possessing a nude photo of another person between the ages of 12 and 17.

Teen sexting will be punished much more severely if the photos are shared with others without the explicit permission of the photographed teen in an attempt to harass or bully the teen. Prosecutors in the state have even struggled with making teen sexting a criminal issue at all, or a domestic issue to be dealt with at home or school. One factor that makes that decision even more complex is that in some cases, teen sexting is accompanied by cyber-bullying.

This can happen when a young, naïve girl sends a suggestive photograph to her boyfriend at the time, then that young man shares the photo with friends, even placing it on the Internet. At this point, a suggestive photo of a young girl is forever emblazoned on the Internet for real predators to see, plus the young girl is forced to deal with the humiliation and a damaged reputation.

Penalties for a Pennsylvania Conviction of Teen Sexting

Generally speaking, teen sexting cases are handled in juvenile court where the judges are allowed more discretion as far as penalties than in adult criminal court. A teen who is found to possess nude images of other teens or who share nude images of him or herself, can be convicted of a summary offense, which is punishable by as much as three months in county jail, and fines as large as $300. The teen may also be referred to the state’s juvenile diversionary program. This is an educational program which teaches the teen about the serious consequences associated with sexting. If a teen is referred to the diversionary program, and completes it successfully, he or she will have the sexting charges expunged.

Key Issues in Juvenile Defense

Juvenile Proceedings in Pennsylvania
Deferred Adjudication and the Consent Decree for Chester County Juveniles
Potential Consequences for a Juvenile Conviction in West Chester
How will Juvenile Charges Impact My College Application?
Do a need a Juvenile Attorney?
What is the Juvenile Court Process?
Will Your Child Be Prosecuted like an Adult?
What Does a Juvenile Probation Officer Do?
What’s the Difference Between a Juvenile and an Adult Prosecution?

Contact Our Juvenile Criminal Defense Lawyers

If your child has been charged with a juvenile sex crime in West Chester, Philadelphia, Lancaster, or anywhere in the State of Pennsylvania, it is crucial you speak to an experienced West Chester juvenile criminal defense attorney in order to ensure your child’s rights are protected.

The Chester County criminal defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been accused of sex crimes. Our Chester County 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. We represent juvenile clients in Chester County, Berks County, Bucks County, Lancaster County, Delaware County, Montgomery County and Philadelphia.