The crime of Sexual Exploitation of Children in Pennsylvania is a serious crime with relatively simple elements. A defendant can be convicted of Sexual Exploitation of Children if they “procure for another person a child under 18 years of age for the purpose of sexual exploitation.” The crime is a second-degree felony, and potential penalties are harsh: they include fines of between $5000 and $25,000 and a prison term of up to ten years.
If you've been charged with sexual exploitation of a child in Pennsylvania, you need a strong defense. If convicted, in addition to the sentence imposed by the judge, you will be required to register as a “Tier II” sex offender under Pennsylvania's “Megan's Law” for at least 25 years after your release from prison. The LLF Law Firm's Criminal Defense Team knows how serious it is when you are facing sexual exploitation charges. Our experienced attorneys will fight for your rights and will fiercely defend you against the efforts of prosecutors to convict you. Call us at 888.535.3686 or fill out our contact form, and we will schedule a confidential consultation to discuss your case and tell you how we can help.
Sexual Exploitation of Children in Pennsylvania
As noted above, the Pennsylvania crime of Sexual Exploitation of Children involves procuring a child under the age of 18 for another person “for the purpose of sexual exploitation.”
The word “procure” is very broadly defined in the statute. It means to “obtain or make available for sexual exploitation.” This can cover almost any type of activity that is focused on connecting one individual with another, provided the purpose is “for sexual exploitation.”
“Sexual exploitation” is also defined in the statute. It means:
- Actual or simulated sexual activity, or
- Nudity that is “arranged for the purpose of sexual stimulation or gratification of any person”
The crime is a felony of the second degree. It is one of the many sex crimes that will require the convicted defendant to register as a sex offender following their release from prison.
Sexual exploitation of children is also one of the underlying crimes that make up the separate crime of Unlawful Contact with a Minor. A defendant can be convicted of Unlawful Contact with a Minor if they are “intentionally in contact with a minor” (or with a law enforcement officer who has assumed the identity of a minor as part of their duties) for the purpose of engaging in Sexual Exploitation of Children (as well as any of a number of other offenses).
Unlawful Contact with a Minor is also a felony of the second degree when the underlying crime is Sexual Exploitation of Children. This means a conviction can result in up to a ten-year prison sentence and fines of between $5000 and $25,000. It is also a “Tier II” offense under Megan's Law, requiring anyone released from prison to register as a sex offender for at least 25 years.
When the Attorney General Can Prosecute
Pennsylvania law gives the state's attorney general the right to prosecute charges of Unlawful Contact With a Minor, including those based on the underlying charge of Sexual Exploitation of Children. (The office does not have the same so-called “concurrent jurisdiction” to prosecute Sexual Exploitation of Children charges when they are not part of the allegations of Unlawful Contact with a Minor.)
What this means is that when a defendant is only charged with the crime of Sexual Exploitation of Children, they will be prosecuted by the district attorney in the county in which the actions allegedly took place. On the other hand, if the defendant is also charged with Unlawful Contact With a Minor, the Pennsylvania attorney general's office may bring the prosecution, or the prosecution may remain with the local district attorney.
No matter who is prosecuting the case, if you face charges that include Sexual Exploitation of Children, you need the help of an experienced criminal defense attorney. The LLF Law Firm's Criminal Defense Team includes attorneys who have a deep understanding of Pennsylvania's criminal laws, rules, and procedures. We know what standards the prosecution must meet in order to secure a conviction, and we also know how to protect your rights and defend you against these kinds of extremely serious allegations. When you are facing years in prison and then decades of registering as a sex offender, you want one of our experienced criminal defense attorneys on your side.
Federal Charges May Also Apply
Pennsylvania's Sexual Exploitation of Children law covers conduct that is similar to conduct prohibited by the federal Coercion and Enticement statute. This law prohibits persuading, inducing, enticing, or coercing anybody to “travel in interstate or foreign commerce” for the purposes of engaging in prostitution or “any activity for which any person can be charged with a criminal offense.” It also prohibits attempts to do any of those things.
That's very similar to Pennsylvania's crime of Sexual Exploitation of Children, which prohibits procuring “for another person” a child for the purpose of “Actual or simulated sexual activity.” Under the federal Coercion and Enticement statute, however, the penalties are more severe: up to 20 years in prison versus 10 for the Pennsylvania state charge. A defendant who uses the mail, a phone, or the Internet to contact the minor may also face a minimum sentence of 10 years and a maximum term of life.
If you are being charged with a federal crime, you will be prosecuted by federal prosecutors. Your case will be heard at one of Pennsylvania's federal courthouses, located in Philadelphia, Allentown, Reading, and Easton. You can be assured that the LLF Law Firm's Criminal Defense Team has the experience and knowledge to defend you if the federal government is prosecuting your case.
Defending Against Sexual Exploitation Charges
It can be enormously intimidating to face sex crime charges of any kind, including those accusing you of Sexual Exploitation of Children. The prosecution is going to make the allegations against you seem as though they are ironclad, and when you first review them, you may find yourself thinking that there is little hope for you to be able to defend yourself against them.
That is where working with one of the experienced attorneys from the LLF Law Firm's Criminal Defense Team can help. We know that behind many criminal charges, there are weaknesses that prosecutors aren't going to disclose without a fight. Our attorneys know how to challenge the prosecution's evidence as well as their legal theories. We also know that not all evidence is admissible; courts have strict rules before they will allow evidence to come in against a defendant, and in many cases the prosecution will try to use evidence that is unreliable, that was gathered illegally, that was not properly maintained after it was gathered, or that is unfairly prejudicial against the defendant.
Our attorneys will fight to make sure that the prosecution is not allowed to introduce evidence against you that does not meet the standards set by the law. We will also listen carefully to the prosecution's witnesses and can object to improper questions and cross-examine witnesses to find weaknesses in their testimony.
The experience we have earned defending clients across Pennsylvania in other serious criminal cases also allows us to negotiate fiercely with prosecutors on behalf of our clients. In many cases, we are able to reach an agreement with prosecutors that greatly reduces the charges our clients are facing, and while every case is different, one thing we will always do is to strive for the best outcome for our clients.
The LLF Law Firm Can Defend You Against Sexual Exploitation Charges
If you are facing Sexual Exploitation of Children charges, Unlawful Contact with a Minor allegations, or federal charges based on similar claimed facts, the LLF Law Firm's Criminal Defense Team has the knowledge and background to vigorously defend you. Our attorneys protect the rights of clients all across Pennsylvania who are facing serious criminal charges.
We have a deep and thorough understanding of not only Pennsylvania criminal law but also federal criminal law. Because we regularly appear in courts across the state on behalf of our clients, we know how the courts work and what it takes to stand up for the rights of our clients when prosecutors are trying to convict them. We also know that you may have many questions about your case, such as what each stage means, why it's happening, what may happen next, and when it may happen. Rest assured that we will be there for you, ready to answer your questions and keep you informed as to what is happening with your case.
To learn more about how the LLF Law Firm's Criminal Defense Team can fight to defend you against serious criminal charges in state or federal court in Pennsylvania, call us today at 888.535.3686 or fill out our contact form, and we will schedule a confidential consultation. Tell us about your case, and we will explain how we can help. You have a right to a strong defense; let the LLF Law Firm's Criminal Defense Team provide it.
