Pennsylvania Child Pornography Defense Lawyer
Few crimes carry the social stigma of allegedly being involved with pornography involving children. Any person who has been arrested for this crime can forever have his or her life dramatically altered simply by being accused of committing this offense. Pennsylvania Child Pornography (Abuse of Child) Charges are felony charges with Mandatory Reporting and Signficant Jail time for anyone knowingingly possession or distributing these illegal images. The exploitation of children is unacceptable, and unlawful and a conviction for child pornography in Pennsylvania is significant. Anyone being investigated or accused of Child Pornography charges in Pennsylvania needs immediate consultation and representation with an experienced criminal defense attorney.
Prosecutors know the unfavorable view that judges and juries take of the alleged offenders facing these charges, and this often leads to extremely harsh sentences being sought. However, people in these situations can face not only possible imprisonment and fines, but entire lifetimes of difficulty in obtaining employment, housing, or the basic trust of friends and family.
Over 35 Years of Criminal Defense Experience
Retain us for the experience and resources needed to fight rape and sex crime criminal charges throughout Pennsylvania including Chester County, metro Philadelphia and Lancaster; and, if necessary arrange a plea bargain that can reduce the sentence against our clients. Our Pennsylvania sex crimes attorneys can be reached 24/7 by email or toll free (610) 692-8700.
West Chester PA Child Pornography Lawyer
If you have been arrested for viewing or possessing any pornographic material depicting a child less than 18 years of age, it is in your best interest to immediately seek skilled legal representation. Ciccarelli Law Offices defends clients throughout Southeastern Pennsylvania, including communities in Chester County, Lancaster County, Montgomery County, Delaware County, Bucks County, and the greater Philadelphia area.
Our Chester County child pornography attorneys work as a team to fully investigate these types of charges and then fight to get them reduced or completely dismissed. Call (610) 692-8700 right now to have our firm review your case during a free, confidential consultation.
The criminal offense of child pornography in the state of Pennsylvania is identified as Sexual Abuse of Children. As Internet use has become more widespread, federal and state laws have been created to address improper behavior involving child pornography. Under federal law, a person who distributes or receives child pornography could receive a sentence of five to twenty years in prison upon conviction. A conviction for manufacturing child pornography, under federal law, could result in between 15 and 30 years in a federal prison. In the state of Pennsylvania, you could also face felony charges for possession, manufacture or distribution of child pornography. Large fines and mandatory treatment are also likely in the event of a conviction for child pornography. A conviction for sexual abuse of child also requires registration as a sexual predator.
The laws concerning sexual abuse of children make it illegal for a person to ”sell, distribute, deliver, disseminate, transfer, display or exhibit to others… a videotape, computer depiction, photograph, pamphlet, magazine or book which depicts a child under the age of 18 who is engaging in a prohibited sexual act.” Every single video or photograph can be considered a separate count of the offense. This means the person charged with child pornography may face literally dozens of counts of the crime. Other issues associated with Pennsylvania child pornography charges include the following:
- If charged with child pornography in the state of Pennsylvania for the first time, you will be charged with a third-degree felony. A second offense will be charged as a second-degree felony.
- Even if you thought the child was over the age of 18, or you were told the child was over the age of 18 (even by that child), these are not generally considered defenses to the crime of child pornography.
- Your computer and hard drive can be viewed by your employer as well as a computer repair technician if the charges revolve around your work computer.
- Sales or distribution of illegal child pornography images can be “graded,” depending on whether you have prior convictions for the crime and on the specific circumstances surrounding your charges.
Such charges in the state of Pennsylvania, are extremely grave. The charges may be for possession of child pornography, or dissemination of child pornography, which means sharing of the images. Any time child pornography exists on the hard drive of a person’s computer, and that pornography is transferred to another’s hard drive via a file-transfer program, dissemination has occurred. In some instances, the person could have been totally unaware file sharing of child pornography took place, yet a crime has still been committed, and a conviction on child pornography charges could result in prison time. Perhaps just as bad as being locked away for a specific number of years, a conviction for child pornography can result in the convicted person being designated as a sex offender for many years, or even the rest of that person’s life.
Contact Us Before Speaking To Police or Federal Agents
Federal agents and prosecutors are interested in convictions. If you are asked to talk to federal investigators, it’s important to avoid self-incriminating statements. Since federal investigators are interested in prosecutions, they won’t tell you everything they know or where they intend to take an investigation. In child pornography linking cases, it’s not unusual for authorities to introduce conspiracy charges and allege someone is guilty of participating in a child pornography ring.
As your defense lawyers, we takes pre-emptive action when possible to short-circuit fishing expeditions on the part of investigators trying to ensnare those suspected of participating in a child pornography ring. While there may be nothing you can do to prevent the seizure of your hard drive, it may be possible to prevent over-zealous investigators from trying to convict you of something you are not guilty of.
Challenging Charges of Child Pornography
Our Pennsylvania Criminal Defense Lawyers have represented numerous clients charged in federal cases and in sex crimes. Working with investigators, psychologists, and computer forensic experts, we identify evidence ignored by federal investigators or gathered under questionable circumstances. Sometimes, child porn may end up on a person’s hard drive due to pop ups or unsolicited emails. In defending our clients, we look at these and other possibilities in challenging the official story of prosecutors.
Mistakes to Avoid If You Have Been Charged with Child Pornography
In any criminal defense matter, our goal as your attorney is to use evidence to prove that you are innocent of the charges presented. In some of the criminal matters we defend against, there is a lot of passion and fierceness not just in the other party but also in the public itself. As a result, we often provide our clients with insight, support, and guidance on what not to do. If you have been charged with or accused of child pornography, even if you are fully innocent in that manner, you need to avoid making some very big mistakes.
Do Not Use Social Media
Do not use it, do not look at it, do not post to it, and simply remove yourself from it. We do not encourage you to engage with anyone else on social media related to this. What you say can be turned around and used against you even when you are being very clear. Simply avoid it.
At the same time, we encourage you not to allow your family to post on your behalf or to comment regarding your case. Details can often empower the prosecutor.
Avoid Making Statements to Others
You do not owe the public any details about your case or why you may be facing these charges. Avoid making statements about the person accusing you or the police. We encourage you not to engage with the news or other avenues either.
If and when there is an appropriate time to share your insights and information, our criminal defense attorneys will handle that process for you. By keeping us by your side, you reduce the risk of facing mistakes in what you say or having bits of that information used against you inappropriately.
Ensure You Have an Attorney with Experience by Your Side
One of the biggest mistakes you can make when you are facing charges with such a severe, long-term impact on your well-being is this one. If you do not have an attorney with experience by your side, you could be limiting your ability to fight this case fairly. Typically, the prosecutor’s office will have a team of professionals working to ensure these charges stick to you. You need to have a team working against them to ensure you are never facing charges and claims that are not accurate.
Do Not Assume Your Case Is Easy to Prove Wrong
Oftentimes, our clients are faced with the need to prove that they are innocent. Even when they know they have done nothing wrong and they are confident that they will be proven innocent, it is not okay to simply sit back and wait. Ensure you have an attorney who can understand the intricacies of the laws and can create a clear defense for you. Without a defense attorney to protect you, it can be very difficult for you not to be taken advantage of in a court of law or during any of the hearings.
Potential Defenses to Child Pornography or Internet Child Pornography
It is important to remember that just because you have been charged with child pornography or Internet child pornography, this doesn’t mean you will receive a conviction for those crimes. There are certain defenses your Pennsylvania criminal defense attorney could possibly use to defend you of the crime you have been charged with. Of course your specific defense will depend on the circumstances surrounding your charges, however some of the more common defenses include:
- You were unaware of the child pornography on your computer, meaning there was no intent on your part. Perhaps the pornographic images or videos of children were the result of a virus, were downloaded by someone else with access to your computer, or were even downloaded entirely by accident.
- You are the victim of mistaken identity, meaning another person downloaded child pornography onto your computer without your permission or knowledge.
- You are the victim of entrapment, meaning a member of law enforcement enticed you into breaking the laws which govern child pornography.
- Your constitutional rights were violated during the search of your home. Perhaps there was no probable cause to search your home, or there was no warrant in place to do so.
- You downloaded a file-sharing program (Kazaa, Shareaza, Limewire, etc), and an outside computer hacker accessed your computer through this program, downloading illegal child pornography images without your knowledge—true innocence of the crime you have been accused of.
Aside from the criminal penalties associated with a child pornography conviction, those facing such charges will probably be treated as a pariah within their own community. Any sexual allegation involving children is likely to be explosive, with most people making an immediate assumption of guilt. Your reputation and your freedom are at stake when you are facing child pornography charges, and the humiliation of being labeled as a child sex offender can permeate into every single aspect of your life. You could potentially lose your job as a result of the charges, and, if convicted, you could find it extremely difficult to obtain employment in the future.
Aside from your employer or future employers, your spouse, family, friends, church family and those in your community, may face you with condemnation and disapproval. Your Pennsylvania criminal defense attorney will conduct a careful, thorough investigation into the facts of your case. Through this investigation, your attorney will determine how you were identified by the police as possessing child pornography, whether you were aware of the child pornography on your computer, whether you were aware a video or photograph you possessed was actually child pornography, and whether you received the child pornography images unintentionally via a file-sharing program.
Understanding the Law in Pennsylvania: Is Viewing Child Pornography Enough to be Convicted for Possession?
Child pornography is a serious crime that involves the exploitation of innocent children for sexual purposes. It is a heartbreaking reality that many children are forced to endure, and the law has strict measures in place to combat it. In Pennsylvania, the possession, distribution, and creation of child pornography are considered serious crimes and are punishable by law. However, it begs the question, is the viewing of child pornography enough to be convicted for possession of child pornography in Pennsylvania? In this blog post, we will dive deep into this issue and clarify what exactly constitutes possession of child pornography in Pennsylvania.
Firstly, let us define what is meant by possession of child pornography in Pennsylvania. According to the law, possession of child pornography refers to knowingly possessing or controlling any visual depiction of a child engaging in sexual conduct. This can include digital images or videos stored on a computer, mobile device, or any other form of storage.
Now, when it comes to viewing child pornography, it is important to note that there is a difference between viewing and possessing. The act of viewing child pornography alone cannot be considered as possession, as there is no storage or control over the visual depiction. However, it is important to understand that simply viewing child pornography is still considered a criminal act.
It is illegal to access, download, or view child pornography, and those who do so can be prosecuted under Pennsylvania law. When investigators find that someone has been accessing child pornography on a device, they can charge them with multiple offenses. These can include the dissemination of harmful materials, the display of sexually explicit materials to minors, and the production, possession, and dissemination of child pornography.
Furthermore, in Pennsylvania, the restitution and mandatory minimum prison sentences for any crimes related to child pornography are severe. Additionally, the fallout for being convicted of such crimes can impact all areas of a person’s life, including their relationships, social standing, and career prospects.
It is also essential to note that regardless of the severity of the crime and the laws put in place, preventing child pornography from being created, viewed, and distributed is the best way to stop it. Identifying and reporting instances of child exploitation is a vital step in combatting this issue.
In conclusion, the viewing of child pornography is not enough to be convicted for possession of child pornography in Pennsylvania. However, it is still considered a criminal act under state law. Child pornography is a devastating issue that negatively affects the lives of innocent children. If you or someone you know is in possession of child pornography, it is important to seek legal counsel and report any instances of child exploitation immediately. We must all do our part to protect the vulnerable and put an end to this heinous crime.
Can You Defend a Child Pornography Charge in Pennsylvania by Proving Lack of Knowledge?
Child pornography charges are one of the most serious crimes you can be accused of in Pennsylvania, and the penalties that come with it are severe. Not only can you face imprisonment, fines, and other criminal sanctions, but also the long-lasting stigma that comes with a conviction. However, what if you can prove that you had no knowledge of the illegal nature of the image you were accused of possessing? This blog post will explore the possibility of defending a child pornography charge in Pennsylvania by showing a lack of knowledge.
- Discussing the Legal Definition of Child Pornography
Pennsylvania law defines child pornography broadly as any visual depiction of a minor under the age of 18 engaging in sexually explicit conduct. The statute also criminalizes the possession, distribution, and creation of child pornography. However, to be convicted of such a crime, the prosecution must prove beyond any reasonable doubt that you had knowledge of the illicit nature of the image. This means that the first line of your defense would be to argue that you lacked that knowledge.
- Demonstrating Lack of Knowledge of the Image
Proving a lack of knowledge requires more than just asserting that you were not aware of the depiction’s illegal nature. You would need to provide evidence that supports this claim, such as showing that the image was innocuously mixed in with other lawful content, the image was unclear, or that you inadvertently accessed it without your knowledge. This evidence can be challenging to gather, but an experienced attorney familiar with handling child pornography cases could help find the best way to demonstrate a lack of knowledge.
- Exploring the Role of Intent in Child Pornography Cases
While proving a lack of knowledge of the image is no doubt an effective defense, the prosecution could argue that you had the intent to commit the crime. This means that even if you did not know the content was illegal, you still possessed it and had the intent to use it in a criminal manner. This is where hiring a knowledgeable criminal defense lawyer comes in. They can investigate and build a case to prove that you did not intend to commit the crime but were instead a victim of accidental possession.
- Highlighting the Consequences of a Conviction
Being convicted of a child pornography charge in Pennsylvania can have devastating consequences for your life, well-being, and future. Besides the criminal sanctions, you can face social stigma, loss of employment, and the child pornography registration requirement. As such, it’s crucial to take every possible step to defend yourself against these charges.
- The Importance of Hiring an Experienced Criminal Defense Lawyer
If you’re facing a child pornography charge in Pennsylvania, the best way to improve your chances of having the case dismissed or reducing the penalties you face is by seeking the services of an experienced criminal defense lawyer. They will investigate the case, work to suppress any unlawfully obtained evidence, and build a robust defense strategy that could help clear your name.
Child pornography charges are serious allegations that can have severe legal and social repercussions. However, if you’re accused of such a crime in Pennsylvania, there’s a possibility of defending the charges by proving that you lacked knowledge of the image’s illegal nature. While this is not an easy defense to make, it could be an effective one with the help of an experienced criminal defense attorney. Don’t hesitate to contact one immediately if you’re facing child pornography charges.
Is it Possible to Have Illegal Images on Your Computer Without You Knowing It?
It’s an uncomfortable, but important question: is it possible for someone to have illegal images on their computer without realizing it? Whether due to curiosity, carelessness, or other factors, it’s a problem that affects far more people than most of us would care to admit. In this blog post, we’ll take a closer look at what illegal images are, how they can end up on a user’s computer, and what steps can be taken to prevent this from happening.
First things first, what exactly are illegal images? When we talk about this type of content, it usually refers to images or videos of child sexual abuse. Possessing, viewing, or distributing such material is illegal in most countries, and carries severe criminal penalties. It’s also important to note that owning such material is not only a serious offense in its own right, but can also be an indicator that someone is a danger to children.
How can these images end up on someone’s computer? There are a number of ways this could happen. If someone downloads illegal images intentionally, that’s obviously a problem in and of itself. However, in some cases, illegal material may be downloaded without the user’s knowledge or consent. This can happen through certain types of malware, or by accidentally stumbling upon illegal content while browsing the internet. It’s also possible that someone else may have accessed the computer in question and downloaded illegal images using it.
The consequences of having illegal images on your computer can be severe, even if you didn’t knowingly download or view the material. In some jurisdictions, police have the power to seize computer equipment in order to search for illegal images. If you’re found to be in possession of such material, you could face criminal charges, even if you didn’t realize the images were on your computer. This is all the more reason to be vigilant about what you download and keep on your computer.
If you’re concerned about the possibility of illegal images being on your computer, there are steps you can take. One of the most important things is to ensure that your computer is secure. Be sure to use a reputable antivirus program, and keep it updated regularly. It’s also a good idea to avoid downloading files from unknown sources, and to be careful about the websites you visit. In addition, you may want to consider running a scan of your computer using a specialized program that can detect illegal images.
While it may be uncomfortable to think about, the reality is that it is indeed possible to have illegal images on your computer without realizing it. Whether through malware, accidental downloading, or other means, these images can have serious consequences for those who possess them. By taking steps to keep your computer secure and being vigilant about what you download, you can reduce the chances of illegal images ending up on your device. And if you do happen to discover such content on your computer, it’s important to take immediate steps to remove it and report it to the authorities.
What to Know if You Are Charged with the Crime of Child Pornography
There are certain things you should be aware of should you find yourself being charged with the crime of child pornography in the state of Pennsylvania. First and foremost, don’t offend or anger those in charge of your investigation. Don’t discuss anything with the police, even to assert your innocence. Politely give your name and address, then request an attorney. Never let the police search your home, your office or your computer without a valid warrant.
Understanding the Demographics of Individuals Arrested for Possessing Child Pornography in the United States
Child pornography is a heinous crime that has adverse effects on both the children and the society at large. Despite the various measures put in place to curb this menace, it still continues to be an issue in the United States. There has been an increase in the number of individuals arrested for possessing child pornography, and this has led to the need to understand the demographics of individuals involved in this act. In this post, we will delve into the demographics of individuals arrested for possessing child pornography in the United States.
According to the National Center for Missing and Exploited Children (NCMEC), around 10,000 reports of suspected child pornography are made every week. These reports include images, videos, and other media that depict children in sexually explicit situations. Many of these images and videos are circulated online, and it has been found that a significant number of individuals who are arrested for possessing child pornography are men. In fact, around 91% of individuals arrested for possessing child pornography in the United States are male.
Another demographic characteristic of individuals arrested for possessing child pornography is age. According to a study conducted by the Crimes Against Children Research Center, around 70% of individuals arrested for possessing child pornography are between the ages of 18 and 49. This is a significant age range, and it indicates that individuals across various age groups are involved in the possession of child pornography. This study also found that the age of individuals who possess child pornography has been decreasing over the years, with more and more individuals in their twenties being involved in this act.
Race is another demographic characteristic of individuals arrested for possessing child pornography. According to a report by the United States Sentencing Commission (USSC), the majority of individuals arrested for possessing child pornography are White. In fact, around 82% of individuals arrested for this crime are White, while 10% are Black, and 6% are Hispanic. This racial disparity in arrests for possessing child pornography is a concern that needs to be addressed.
Individuals with a history of prior offenses are also more likely to be arrested for possessing child pornography. In a study conducted by the USSC, it was found that around 60% of individuals arrested for possessing child pornography had a prior criminal record. This indicates that individuals who have already been involved in criminal activities are more likely to engage in the possession of child pornography.
In conclusion, the demographics of individuals arrested for possessing child pornography in the United States indicate that men between the ages of 18 and 49, with a history of prior offenses, and who are White are more likely to be arrested for this crime. Understanding these demographics is essential in devising strategies to curb the possession of child pornography. The fight against child pornography is ongoing, and it requires the collective effort of agencies, organizations, and individuals to ensure that children are protected from this exploitation.
Getting the Legal Help You Need and Deserve
Unfortunately, state prosecutors rarely want to recognize there are those who are truly unaware that child pornography exists on their computers without their knowledge. The prosecutor may attempt to pursue possession and distribution charges, even if you are absolutely innocent of the charges. Because of this, it is essential you have an experienced criminal defense attorney by your side from the moment you are charged, right on through. Your Pennsylvania criminal defense attorney will be skilled in addressing and fighting search warrants and will either have a clear understanding of computer security or will be able to bring in an expert who has that knowledge.
Child Pornography Charges in Chester County
Under 18 Pa. Cons. Stat. § 6312(d), an alleged offender commits this crime if he or she intentionally views or knowingly possesses or controls any of the following types of material depicting a child under 18 years of age engaging in a prohibited sexual act or in the simulation of such act:
- Book;
- Magazine;
- Pamphlet;
- Slide;
- Photograph;
- Film;
- Videotape;
- Computer depiction;
- Any other material.
Child pornography crimes are felony offenses. If the alleged material depicted any indecent contact with the child—defined under 18 Pa. Cons. Stat. § 3101 as any touching of the sexual or other intimate parts for the purpose of arousing or gratifying sexual desire—any of the following offenses will be graded one grade higher than specified.
Offenses involving the intentional viewing or knowingly possession, control, or dissemination of child pornography that do not involve indecent contact are graded as follows according to 18 Pa. Cons. Stat. § 6312(d.1):
- First Offense — Third-degree felony
- Any Subsequent Offense — Second-degree felony
Additionally, an alleged offender will also be charged with a second-degree felony under 18 Pa. Cons. Stat. § 6312(c) if he or she allegedly:
- Causes or knowingly permits a child under 18 years of age to engage in a prohibited sexual act, if the alleged offender knows, has reason to know, or intends that such act may be photographed, videotaped, depicted on computer or filmed;
- Causes or knowingly permits a child under 18 years of age to engage in the simulation of a prohibited sexual act, if the alleged offender knows, has reason to know, or intends that such act may be photographed, videotaped, depicted on computer or filmed; or
- Knowingly photographs, videotapes, depicts on computer, or films a child under 18 years of age engaging in a prohibited sexual act or in the simulation of such an act commits an offense.
Pennsylvania Child Pornography Penalties
If an alleged offender is convicted of this crime, his or her sentence will depend on a number of factors. The first factor is the grading of the specific offense.
The statutory maximums for each grade of felony are as follows:
- Third-Degree Felony — Up to seven years in prison and up to $15,000 in fines
- Second-Degree Felony — Up to 10 years in prison and up to $25,000 in fines
- First-Degree Felony — Up to 20 years in prison and up to $25,000 in fines
When deciding a sentence, a judge will take into account two additional factors: the alleged offender’s Offense Gravity Score (OGS) and his or her Prior Record Score. The OGS is a number between 1 and 14 that represents the severity of the current offense, with higher numbers representing more serious crimes and leading to longer sentences. A Prior Record Score is a point value between 1 and 5 or Repeat Violent Offender (REVOC), Repeat Felony 1, or Repeat Felony 2 Offender (RFEL) designations that represent the alleged offender’s previous convictions.
Child pornography crimes have the following impact on OGS and Prior Record Score calculations:
Criminal Offense | OGS | Prior Record Score |
Photographing, videotaping, depicting on computer or filming sexual acts involving child older than 13 years of age | 8 | 2 |
Photographing, videotaping, depicting on computer or filming sexual acts involving child less than 13 years of age | 9 | 2 |
Photographing, videotaping, depicting on computer or filming sexual acts involving child older than 13 years of age and depiction of indecent contact | 10 | 3 |
Photographing, videotaping, depicting on computer or filming sexual acts involving child less than 13 years of age and depiction of indecent contact | 10 | 3 |
Dissemination of photographs, videotapes, computer depictions and films involving child older than 13 years of age, first offense | 6 | 1 |
Dissemination of photographs, videotapes, computer depictions and films involving child older than 13 years of age, subsequent offense | 8 | 2 |
Dissemination of photographs, videotapes, computer depictions and films involving child less than 13 years of age, first offense | 7 | 1 |
Dissemination of photographs, videotapes, computer depictions and films involving child less than 13 years of age, subsequent offense | 9 | 2 |
Dissemination of photographs, videotapes, computer depictions and films involving child older than 13 years of age and depiction of indecent contact, first offense | 9 | 2 |
Dissemination of photographs, videotapes, computer depictions and films involving child older than 13 years of age and depiction of indecent contact, subsequent offense | 10 | 3 |
Dissemination of photographs, videotapes, computer depictions and films involving child less than 13 years of age and depiction of indecent contact, first offense | 9 | 2 |
Dissemination of photographs, videotapes, computer depictions and films involving child less than 13 years of age and depiction of indecent contact, subsequent offense | 10 | 3 |
Possession of child pornography involving child older than 13 years of age, first offense | 6 | 1 |
Possession of child pornography involving child older than 13 years of age, subsequent offense | 8 | 2 |
Possession of child pornography involving child less than 13 years of age, first offense | 7 | 1 |
Possession of child pornography involving child less than 13 years of age, subsequent offense | 9 | 2 |
Possession of child pornography involving child older than 13 years of age and depiction of indecent contact, first offense | 9 | 2 |
Possession of child pornography involving child older than 13 years of age and depiction of indecent contact, subsequent offense | 10 | 3 |
Possession of child pornography involving child less than 13 years of age and depiction of indecent contact, first offense | 9 | 2 |
Possession of child pornography involving child less than 13 years of age and depiction of indecent contact, subsequent offense | 10 | 3 |
Chester County Child Pornography FAQ
Can I still be charged if I honestly believed that the alleged child was at least 18 years of age?
Yes. Under 18 Pa. Cons. Stat. § 6312(e.1), an alleged offender is prohibited form claiming he or she did not know the age of the child. Neither the bona fide belief of the alleged offender that the child was over a specified age nor a misrepresentation of age by the child are recognized as legal defenses.
Do I have a defense if I was tricked by an undercover police officer who was soliciting a sexually-oriented conversation?
You might be able to utilize an entrapment defense if law enforcement induced you to commit a crime you would not otherwise commit. While the entrapment involved in the 1992 United States Supreme Court child pornography case Jacobson v. United States led to greater consideration of this defense, it should be noted that this still remains a very difficult claim to prove.
Is there any way to prove that I was not responsible for the child pornography that was found on my computer?
There may be any one of a number of explanations for how people inadvertently ended up with pornographic material on their computers. Computer viruses, hacking victims, password breaches, or misleading download titles can all be possible reasons that alleged offenders unknowingly end up with such material.
Will I have to register as a sex offender if I am convicted of one of these crimes?
Yes. A conviction for possession of child pornography will require a person to register for 15 years, and a conviction for either photographing, videotaping, depicting on computer or filming sexual acts involving a child or dissemination of photographs, videotapes, computer depictions and films involving a child will require the offender to register for 25 years.
If I know I am guilty, why should I pay a lawyer?
Even if you know you broke the law, you should not expect much mercy from the court for your honesty. An attorney can review your case and not only negotiate a more forgiving sentence, but he or she may also be able to identify possible flaws in the prosecution’s case—such as an illegal search and seizure by police—that could even result in your case being thrown out.
Find the Best Child Pornography Lawyer in West Chester
Are you currently under investigation or have you already been arrested for any crime relating to pornography featuring minors? Make sure that you have legal counsel before you make any type of statement.
Ciccarelli Law Offices fights to get the most favorable outcomes for people all over Southeastern Pennsylvania facing these charges, and our firm has offices in West Chester, Philadelphia, Malvern, Kennett Square, Radnor, King of Prussia, Lancaster, and Plymouth Square. Let our Chester County child pornography attorneys provide a complete evaluation of your case by calling (610) 692-8700 today to take advantage of a free consultation.
Is Child Pornography Addiction Really a Disease?
Child pornography has been a grave issue worldwide and has been subject to scrutiny and condemnation for a long time now. The addiction to this heinous act has also been discussed frequently, with many wondering whether it is a disease or not. In this blog post, we will dive deep into the topic of addiction to child pornography and its characteristics to understand if it can be classified as a disease.
Child pornography addiction essentially means that an individual has a compulsive condition to seek and view illicit sexual images involving minors. The individual finds certain images arousing, and as they view more of them, the addiction takes hold. Studies suggest that individuals who are addicted to child pornography may have a brain structure quite similar to those addicted to substances like drugs or alcohol.
Temple University neuroscientist Dr. Laurence Steinberg claims that addiction to child pornography is a variant of hypersexual disorder. It can lead to similar effects on the body and trigger the same neural pathways as other behavioral addictions like compulsive gambling. A compulsive behavior or addiction has various auxiliary disorders like depression and anxiety, which makes it a potential disease in nature.
Several theorists argue that the addiction to child pornography is not a disease due to the purposeful behavior involved in obtaining such media. They suggest that diseases cannot be caused by personal choices, and hence, the addiction is the consequence of one’s free will and potential mental issues in their life.
However, addiction to child pornography is serious, and its consequences go beyond its effect on the individual. It is a criminal activity that can cause harm to many innocent children and their families. Understanding that it may not be a disease itself, it does not change the fact that it is an abusive and dangerous habit.
The controversy surrounding whether addiction to child pornography is a disease is controversial due to its nature, but the harmful effects of the addiction cannot be denied. It’s essential to recognize that child pornography addiction needs a response that includes both medical and legal intervention. Whether it’s classified as a disease or not, those who suffer from this addiction must seek professional help and get the required support to prevent further harm from being inflicted. Awareness needs to be shared to address the reasons and effects of this addiction, so that individuals can be equipped with the knowledge to protect themselves and their families.
Understanding the Pathology Behind Child Pornography Addiction
Child pornography is a crime that has collected worldwide attention due to its inhumane and ruthless nature. The question of why individuals crave child pornography has been a topic of interest for psychologists, criminologists, and forensic experts. “Is there an understood pathology to individuals who crave child pornography?” It’s an uncomfortable and sensitive topic, but it’s important to understand the mindset of individuals with this addiction to address the issue most effectively.
Child pornography addiction is a complex disorder. It’s not a sexual orientation but a compulsive, obsessive behavior that is triggered by an overpowering urge to dominate and control others. Pedophiles develop an attraction to prepubescent children, and child pornography is their way of seeking gratification. The production and distribution of child pornography are done to satisfy this behavioral disorder.
Several studies have shown that pedophilia is often associated with the pathological aspects of personality traits such as impulsivity, obsessionality, and anxiety. As a result, it is challenging to treat and manage individuals with this disorder, particularly if they are also suffering from other mental health issues such as depression, anxiety, or PTSD.
One primary reason behind the development of child pornography addiction is early childhood trauma. The majority of individuals with this addiction have reported experiencing some form of childhood abuse, neglect, or trauma. These experiences have an enduring impact on the development of the brain and can lead to distorted perceptions of relationships, intimacy, and sexuality. As a result, individuals with child pornography addiction are not entirely accountable for their actions, and their behavior is both a consequence and a symptom of the underlying mental health disorder.
Since child pornography is a criminal activity, individuals who have this addiction can become more isolated and secretive, which can exacerbate the behavioral disorder and make it more difficult to address. It is imperative to create a safe space for individuals with this addiction to speak about their behavior to aid in their recovery process. The FRANKLIN Method® is one effective treatment approach used to address the trauma link to the development of pedophilia and child pornography addiction. This method involves Cognitive Behavioural Therapy (CBT), experiential therapy, and education, leading to the reduction in sexually abusive behavior.
Understanding the pathology behind child pornography addiction is essential in finding a solution to this ever-growing problem. It’s important to recognize that individuals with this addiction are suffering from an underlying mental health disorder caused by early childhood trauma. Treating individuals with child pornography addiction needs to be accompanied by other mental health issues effectively. The FRANKLIN Method® is one effective treatment approach used to address the trauma link to the development of pedophilia and child pornography addiction. By creating an environment where individuals with child pornography addiction can speak about their behavior openly, we can help prevent the production and distribution of child pornography and ultimately address this criminal activity.
What Can You Do to Help Someone Addicted to Child Pornography?
It’s not easy to see someone struggling with an addiction. Especially if that addiction involves child pornography. It’s a horrifying reality that too many people have come in contact with. However, it is important to understand that addiction is a disease, and as such, it requires a professional approach to treat it. In this blog post, we will discuss some of the steps that can help someone addicted to child pornography. If you know someone who is struggling with this type of addiction, then read on and learn how you can help.
- Encourage therapy
The first step in helping someone with this type of addiction is encouraging them to go to therapy. Therapy is a safe place where individuals can express their thoughts and feelings without judgment. If your loved one is resistant to therapy, try to emphasize how it can help them. They may be hesitant because they feel ashamed, so it’s important to stress that shame is a common feeling associated with addiction – and it’s nothing to be ashamed of. A therapist can help them identify triggers and provide tools to manage them
- Seek Professional Help
Experts in the addiction field, have the necessary training to help people struggling with addiction. They can provide the tools they need to improve their health and prevent future relapse, which is a common problem with addiction. The professionals in this case might include a psychiatrist, a psychologist or an addiction specialist.
- Encourage Healthy Habits
Exercise, meditation, and sleep are essential ingredients for a healthy mind and body. As part of a healthy lifestyle, these practices can also help an individual combat their addiction. Addiction can take a huge toll on a person’s mind and body. Encourage your loved one to take care of themselves by eating a healthy diet, getting enough sleep and engaging in physical activity. Healthy activities can distract and be a better way to bond with them rather than the addiction.
- Foster Communication
Communication is a vital ingredient in helping someone struggling with addiction. It’s important to let the person know that you are there for them, and you want to help. Creating a safe space where they can express their feelings without judgment is important. Listen to what they have to say, and try to understand their feelings without criticizing or judging them. When communicated in a non-threatening way, your genuine concern might be exactly what someone who is addicted to child pornography might need.
- Offer Support
Lastly, it’s important to offer support to your loved one. Addiction is a challenge, and it can be a difficult journey. It’s essential to let them know that they are not alone. Offer to accompany them to therapy, be a listening ear when they need it, and provide encouragement and positive feedback during their journey of healing and recovery.
Helping someone with a child pornography addiction is not something that can be done overnight. It requires patience, empathy, and understanding. By encouraging therapy, seeking professional help, fostering communication, encouraging healthy habits, and offering support, you can help someone navigate the difficult road to recovery. The most important thing is to stay supportive, non-judgmental, and caring while they are recovering. And remember, addiction is a disease, and recovery is possible with the right tools, help and support.
Will Lee Ciccarelli and his Team take my Child Porn Case where I am being prosecuted?
Lee Ciccarelli has been defending clients for 35 years throughout Pennsylvania in nearly every county. Him and his team are experienced and able to take on cases throughout central and eastern Pennsylvania including the greater metro areas of Philadelphia, Lancaster, Harrisburg, Reading, Allentown and Scranton-Wilkes-Barre. Our team defends clients charged and accused of Sex Crime charges like Child Pornography in the greater Philadelphia area including in Berks County, Bucks County, Chester County, Delaware County, Lancaster County, Lebanon County, Montgomery County. Lee Ciccarelli’s main office is located in West Chester PA and that office serves the greater Chester County area including Avondale, Atglen, Oxford, West Grove, Parkesburg, Phoenixville, Kennett Square, Paoli, Malvern, Downingtown, Coatesville, Devon. Other local areas covered including Concordville, Glen Mills, Newtown Square, Chadds Ford, Media, Villanova, Wayne, Chesterbrook, Haverford, Havertown, Berwyn, Bryn Mawr.
Contact Our Pennsylvania Child Pornography Lawyers
If you have been charged with child pornography in West Chester PA, Chester County or suburban Pennsylvania, it is crucial you speak to an experienced Pennsylvania criminal defense attorney to ensure your rights are protected and your future holds some hope.
The criminal defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania who have been accused of child pornography crimes. Contact us now at (610) 692-8700 or call toll-free (877) 529-2422. Don’t wait—contact an attorney immediately.