West Chester PA Sexual Abuse Charges

Sexual abuse and other related sex crimes are considered some of the most severe criminal charges you can face in Pennsylvania. The Commonwealth takes cases like these seriously, imposing harsh penalties and collateral consequences that could continue to follow you for the rest of your life. Ciccarelli Law Offices has more than 100 years of combined experience defending the accused and protecting the innocent.

Your trial-tested West Chester sexual abuse charges lawyer with our firm can review the circumstances of your case to determine how to craft the strongest defense strategy possible. In some instances, it may be well-advised to consider a plea agreement which could result in the reduction or dismissal of the charges against you. Contact our West Chester Pennsylvania sex crime defense lawyers to request a confidential consultation today and learn more about the potential consequences of a conviction, what the future may hold if you are found guilty, and which defenses are most likely to return a favorable outcome.

Sexual Abuse is Rampant in West Chester and Throughout the Commonwealth

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According to the Pennsylvania Department of Human Services, across the state, there were 4,203 children abused—nearly half of those sexually—over a one-year period in 2015. This is the number of substantiated child abuse cases, and represents a 25 percent increase from the prior year. Forty-seven percent of these substantiated cases involve the criminal offense of sexual abuse of a child. While these numbers are terrible and heartbreaking, there is another side to the issue. In some cases, when a person is charged with sexual abuse, he or she honestly had no idea there was child pornography on their computer. Hidden files can be sent with e-mails, which place pornographic photos on a person’s computer. This could be done on purpose, by someone who wants to hurt the person and cause him or her to be prosecuted, or it could be a random virus. 

What Constitutes Sexual Abuse of a Child?

Sexual abuse of children, despite the title, may not necessarily imply there was physical touching between an adult and a child, or a rape or molestation. Sexual abuse of a child encompasses such things as photographing a child in a sexually suggestive manner, or disseminating child pornography. To be more specific, under 18 Pennsylvania C.S.A, Section 6312, sexual abuse of a child occurs when:

• When a minor, under the age of 18, is photographed, videotaped, or depicted on a computer, sexual abuse of a child has occurred. If an adult allows a minor under the age of 18 to engage in a prohibited sexual act, or the simulation of that act, the adult could be charged with child abuse if the adult knows, or should have known, the act would be photographed, depicted on a computer, videotaped or filmed.
• If an adult knowingly exhibits, displays, sells, distributes, delivers or disseminates photographs, magazines, pamphlets, slides, films, books, videotapes or computer depictions of a child under the age of 18 engaging in a prohibited sexual act, or the simulation of a prohibited sexual act, he or she could be charged with sexual abuse of a child or child pornography.

It is important to note that the legislature intended to include all interpersonal use of pornographic material under this statute, rather than only personal use. This includes noncommercial trading or exchange of such materials.

Penalties for Sexual Abuse of a Child

If you cause, or knowingly permit a child under the age of 18 to engage in a prohibited sexual act (or simulation of the act), and you know—or should have known—that the act would be photographed, videotaped, depicted on a computer or filmed, you could be charged with a second-degree felony or even statutory sexual assault. 

If you knowingly sell, distribute, deliver, disseminate, transfer, display, or exhibit to others any computer depiction, book, videotape, magazine, photograph, film, pamphlet, or other material that depicts a child under the age of 18 engaging in a prohibited sexual act (or simulation of the act), you could be charged with a third-degree felony; subsequent offenses will be charged as a second-degree felony. 

If you intentionally view or knowingly possess a slide, pamphlet, book, magazine, film, computer depiction, photograph or videotape that depicts a child under the age of 18 engaging in a prohibited sexual act (or simulation of a prohibited sexual act), you will be charged with a third-degree felony. For second or subsequent offenses, you will be charged with a second-degree felony. 

Second and Third Degree Felony Penalties 

A conviction for a third-degree felony in the state of Pennsylvania could result in up to seven years in prison, and up to $15,000 in fines. A conviction for a second-degree felony could result in up to ten years in prison, and up to $25,000 in fines. It is important to note that neither a misrepresentation of age by the child or a belief on your part that the person is over the age of 18 will be considered a defense to the crime of sexual abuse of a child.

Expect Collateral Consequences 

The collateral consequences associated with any type of sex crime conviction are undeniable. Even after completing the terms of your sentence, collateral consequences could continue to affect your daily life. You may no longer qualify for federal student funding, have difficulty finding or maintaining a job, and face restrictions regarding your child custody and visitation rights.

Furthermore, you could expect your professional licenses to be suspended or revoked, lose your firearm rights, and run into issues with the government if you are a foreign national. Not to mention the fact that your reputation among friends, family, and colleagues may be destroyed if you are accused of any type of sex offense, let alone convicted of sexual abuse charges.

Quick Insight into Sex Offender Registration Requirements in PA

When you are convicted of a sex crime in the Commonwealth of Pennsylvania, you may be required to register as a sex offender. You will be designated a Tier level based on your offense, criminal history, and other factors, including your likelihood of recidivism. There are three Tiers of sex offenses. Tier l sex offenders are required to register annually and may need to continue to do so for 10 years following their sentence.

However, those designated as a sexually violent offender may be required to register quarterly for the rest of their lives. As a registered sex offender, according to Megan’s Law, your personal information will be made known to the public through the Pennsylvania State Police monitored Sex Offender Registry. Some of the different types of information that will be made public include:

• Your home address
• Your work address
• Any aliases you have used in the past
• Your photo, updated with each registration
• The type of offense you were convicted of
• When the offense occured
• Any identifying marks or tattoos you have
• Your weight, height, hair color, and eye color

No matter what Tier offender you are designated, you must report any changes to your registration information within three days of the change. Otherwise, you may be found in violation of Pennsylvania sex offender registry reporting requirements under 18 Pa. C.S. § 4915.1. This could result in additional criminal charges, punishable by felony-level penalties.

Potential Defenses to the Crime of Sexual Abuse of a Child

While your Pennsylvania criminal defense attorney will make a determination regarding your defense based on the circumstances surrounding the allegations, below are some defenses commonly used for this offense:

• The material does not belong to me; perhaps it was found on your home or work computer, but was downloaded by someone else. Your attorney will engage the services of a computer forensic expert who will work to show you did not download the material.
• The content is not child pornography; In some cases, certain images of children may have a legitimate educational or scientific purpose.
• The materials were illegally seized by the police; There was no warrant, or false information was provided to secure a warrant. In this case, your attorney will file a Motion to Suppress the evidence as a Fourth Amendment violation. 
• Lack of intent; You may have inadvertently typed a website address by mistake, which was one letter different from a pornographic website.
• The age of the “child” is 18 or over.
• Entrapment; When the police persuade or entice you to commit a crime which you otherwise lacked the intent to commit, your attorney may be able to show entrapment.
• Psychological addiction. This defense is not an affirmative defense, however it can mitigate punishment when you have a credible psychological expert testifying to the addiction.

If you have been charged with sexual abuse of a child, it is very important that you contact an experienced Pennsylvania criminal defense attorney as soon as possible. The sooner your attorney is on your case, the sooner he or she can begin building a defense on your behalf.

Alternative Sentencing and Plea Agreements for Sex Abuse Charges in West Chester  

In some cases, it may not be in your best interests to defend yourself at trial. If the prosecutor’s case against you is strong or you have a long history of criminal convictions, it may be wise to attempt to enter a plea agreement or consider alternative sentencing. Some of the potential options that could be available based on the specific circumstances of your case include:

• Accelerated rehabilitative disposition (ARD)
• A mental health treatment program
• A Veterans court treatment program
• A DUI or drug treatment program
• Probation without verdict (PWOV)
• House arrest
• Community service
• Conditional dispositions
• Work release
• Probation

Not every person accused of sexual abuse will qualify for a plea agreement or treatment program. In fact, many treatment programs are only available to non-violent offenders. If you have previously been convicted of any other type of offense, prosecutors may be less willing to allow you to accept a plea. If you do meet the eligibility requirements, there are specific criteria you will need to meet. 

Failure to adhere to the terms of your plea agreement could result in the order being revoked. If this happens, additional criminal charges could apply, and you will also face the penalties associated with the original charges against you. It is important to consult with a sexual abuse charges lawyer in West Chester to ensure you are considering every potential legal option.

West Chester Sexual Abuse FAQ

What is the statute of limitations on molestation in PA?

The criminal statute of limitations for childhood sexual abuse is set at the age the victim reaches adulthood +32 years, according to the Pennsylvania Office of Victim Advocates. This usually means charges must be filed before the alleged victim reaches the age of 50 in many cases. For childhood sexual abuse civil claims, lawsuits must be filed within 12 years of the child turning 18, or before the victim reaches the age of 30 in many cases.

What is the sentence for sexual assault in Pennsylvania?

If you are convicted of a third-degree felony sexual assault conviction, you could spend seven years in jail or prison. However, if you are found guilty of a first-degree felony, you could spend up to 20 years in jail or prison, according to Chapter 11 of the PA Statutes.

What is the sexually violent predator act in PA?

42 Pa. § 9799.24 defines a sexually violent predator as someone who has been found guilty of one or more sexually violent offenses. Additionally, this party must have a personality disorder or mental disability that makes it more likely for them to engage in predatory sexually violent acts.

Contact West Chester’s Top Rated Sexual Abuse Charges Defense Law Firm for Help Today

The sex crimes defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania who have been accused of sexual assault crimes. Contact us now at (610) 692-8700 or call toll-free (877) 529-2422. Don’t wait—contact an attorney immediately.