Online Sex Crimes

With mobile phones, tablet computers, laptops and desktop computers, smart TVs, game consoles, and other devices providing people with the ability to have almost constant access to the Internet and to each other, online crime has followed. In many cases, crimes can combine online activity with “real world” actions. If you’re charged with any of these crimes, you need the help of an experienced criminal defense attorney, someone who knows what it takes to defend against charges that may involve online communications as well as other actions.

The LLF Law Firm’s Criminal Defense team can help. Our attorneys have the experience and understanding of Pennsylvania and Federal criminal law you need if you’re facing charges that could put you behind bars for years or even decades. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced criminal defense attorneys to learn more about how we can help.

There are a number of crimes that can have an online component. They include:

Invasion of Privacy

Someone who secretly films or photographs another person without their knowledge while that person is “in a state of full or partial nudity” and while the person is in a location where they have a “reasonable expectation of privacy” can be charged with Invasion of Privacy. If they send or transmit any of these images or videos by any means – including over the Internet – they can also be charged with Invasion of Privacy, even if they were not the ones responsible for the photo or video. A single violation is a third-degree misdemeanor; more than one violation is a second-degree misdemeanor.

Harassment (including Cyber Harassment)

A defendant can be charged with Harassment for repeatedly communicating with someone in a number of unwelcome ways, including using lewd or threatening words, communicating anonymously, communicating at “extremely inconvenient hours,” or in any other manner. These communications, of course, can be made online in addition to a number of other ways.

There is also a separate crime of Cyber Harassment of a Child that can be charged when someone “engages in a continuing course of conduct” using “electronic means” and either communicates directly with a child or posts about the child on social media. It applies to direct communications or social media posts.

• Seriously disparage the child’s “physical characteristics, sexuality, sexual activity or mental or physical health or condition” or
• Threaten the child with physical harm

Violation is a third-degree misdemeanor or, if the defendant was previously ordered not to have contact with the victim, a second-degree misdemeanor.

Sexual Abuse of Children (Possession or distribution of child pornography)

In addition to prohibiting the act of physically engaging in the sexual abuse of a child, Pennsylvania also prohibits taking photos or videos of children engaging in sexual acts or simulating sexual acts. The law also prohibits distributing those images or videos by any means, including, of course, online means.

Pennsylvania law goes even further; it also prohibits the distribution of images or videos of children engaging in sexual acts that were created using artificial intelligence. In other words, a defendant can be charged with Sexual Abuse of Children even in situations where no child was involved in the making of an AI-created video or image.

Violation of the prohibition on distribution is a third-degree felony or, for a second or subsequent offense, a second-degree felony. Violation of the prohibition on recording images or videos is a second-degree felony.

Child Pornography (Federal)

Federal law prohibits both receiving or distributing child pornography by any means, including “by computer.” It also prohibits reproducing child pornography using a computer, as well as promoting child pornography in a number of different ways, including “by computer.” A conviction can lead to a prison term of up to 20 years, depending on the nature of the offense.

Sexual Exploitation of Minors (Federal)

Federal law also prohibits the distribution or the receipt of any “visual depiction” of a minor “engaging in sexually explicit conduct.” Here, too, the prohibition applies to any means of distribution or receipt, including “by computer,” and the potential sentence for violating the statute can be up to 20 years in prison.

Unlawful Contact With a Minor

Sometimes known as the crime of “child enticement,” this Pennsylvania statute makes it a crime to intentionally contact a child – or, as often happens, a police officer impersonating a child as part of a “sting” operation – for the purpose of engaging in any one of a number of prohibited activities. The prohibited activities include:

• A number of sexual offenses
• Open lewdness (a “lewd act” that can be seen by others who would be “affronted or alarmed”)
• Prostitution
• The exchange of “obscene and other sexual materials and performances”
• Sexual abuse of children
• Sexual exploitation of children

Essentially, this statute makes it a crime to try to contact a child for the purposes of encouraging or convincing them to participate in any of the prohibited activities. In other words, it prohibits enticing children for any number of sexually related purposes.

The means by which the prohibited contact can happen, of course, includes using the Internet in any form to contact the child (or the law enforcement officer impersonating the child). A violation of this statute is at least a third-degree felony but can be higher if the underlying offense is higher.

Endangering Welfare of Children

While not specifically a computer- or internet-related crime, a parent or guardian who, by failing to properly provide “care, protection or support” to a child endangers the child’s welfare can be charged with a crime. This can apply in cases where a parent or guardian fails to supervise a child’s use of a mobile phone or computer, and the child is exploited as a result or uses the phone or computer to commit an online crime. Penalties for violating this statute vary widely, from a first-degree misdemeanor to a second-degree felony, depending on the actions of the parent or guardian, how serious the danger to the child was, the age of the child, and whether it is a second or subsequent offense.

Sex Trafficking (Human Trafficking)

Pennsylvania prohibits what it calls “trafficking in individuals” for either “sexual servitude” or “labor servitude.” This applies to trafficking of both adults and minors, with serious penalties for violations and enhanced penalties if the violation relates to a minor.

It is not unusual for people to be recruited over the Internet for purposes of sex trafficking. An online conversation that begins casually can lead to an in-person meeting that can result in an allegation of sex trafficking. Note that the statute criminalizes patronizing someone that the individual knows is “subject to sexual servitude.” This means that a defendant can be accused of human trafficking even if they were not involved in recruiting or abusing the person who is in “sexual servitude.”

The law prohibits a number of acts that relate to “sexual servitude.” The prohibited acts include:

• Recruiting
• Enticing
• Soliciting
• Patronizing
• Advertising
• Harboring
• Transporting
• Providing
• Obtaining or
• Maintaining

a person, if the defendant “knows or recklessly disregards that” the person “will be subject to sexual servitude.”

The term “sexual servitude” is defined in the law. It means “a commercial sex act” or a sex act that is “induced or obtained from” a minor or any other person who has been subjected to “involuntary servitude.”

“Involuntary servitude” has its own definition. It covers any of a number of different ways of pressuring someone to do something against their will, including by the use of threats, by taking their property, by kidnaping them, by abusing them, by controlling their access to drugs, or by other means.

A conviction of “Patronizing a victim of sexual servitude” can be anywhere from a third-degree felony to a first-degree felony, depending on whether it is a first offense or a second or subsequent offense. If the victim is under 18 years of age, it can be a second-degree felony for a first offense and a first-degree felony for a second or subsequent offense. Fines of up to $50,000 can also be imposed.

Sexual Extortion

A defendant can be charged with Sexual Extortion for using threats or other acts to induce a victim to engage in a sex act or to be involved with the making of any photos or videos depicting nudity or sexual conduct. The types of threats or actions can include:

• Harming or threatening to harm the person
• Making and distributing or threatening to make and distribute nude photos or videos of the person, or show them having sex
• Disclosing or threatening to disclose compromising information about the person
• Withholding or threatening to withhold “a service, employment, position, or other thing of value”
• Threatening to damage their property or to injure a family member or member of their household
• Demanding money, property, or services in exchange for not distributing or making public any photo or video
• Demanding money, property, or services in exchange for removing a compromising photo or video from public view that the defendant had uploaded or distributed

Of course, in the case of compromising photos or videos posted on social media or other public access websites, the Internet can be very much a part of the crime of sexual extortion. In addition, it is typical for communications between the victim and the person alleged to have committed the crime to be over the Internet in one form or another.

A violation of Pennsylvania’s Sexual Extortion statute can be either a first-degree misdemeanor or a third-degree felony. The felony charge can apply in cases where the victim is under 18 or has an “intellectual disability;” where the defendant holds a position of “trust or supervisory or disciplinary power” with respect to the victim; where the violation is “part of a course of conduct of sexual extortion” by the defendant; or where the defendant was previously convicted of sexual extortion.

Consequences of Convictions

The potential jail or prison time that a person convicted of a crime in Pennsylvania will vary depending on the level of the offense they have been convicted of. Those convicted of a crime can also be fined. Here are the penalties for the various levels of crime in Pennsylvania:

Level of Offense	Maximum Period of Imprisonment	Maximum Fines
First Degree Felony	Up to 20 years	$25,000
Second Degree Felony	Up to 10 years	$25,000
Third Degree Felony	Up to 7 years	$15,000
First Degree Misdemeanor	Up to 5 years	$10,000
Second Degree Misdemeanor	Up to 2 years	$5,000
Third Degree Misdemeanor	Up to 1 year	$2,000
Summary Offense	Up to 90 days in jail	$300

Consequences of a Conviction of a Sex-Related Internet Crime

A defendant convicted of one of these Internet crimes for acts that are sex-related may be required to register as a sex offender once they are released from prison. The requirements for registration are strict and can apply for 15 years or more, depending on the underlying conviction. If you are required to register as a sex offender, it’s vitally important that you have a detailed understanding of what you are required to do and when you are required to do it. The registration and periodic reporting requirements are strict, and failing to follow them can result in you facing new criminal charges. The LLF Law Firm’s Criminal Defense Team understands the sex offender registration requirements in Pennsylvania and can help you meet your obligations.

The LLF Law Firm is Ready to Defend You

If you are facing charges that you have committed any of the Internet-related sex crimes described above or any other type of crime in Pennsylvania, you need the help of an experienced criminal defense attorney. The LLF Law Firm’s Criminal Defense Team has represented clients facing all types of criminal charges in state and federal courts all across Pennsylvania. We understand the laws that apply in sex crime and other criminal cases and know how to protect you against prosecutorial overreach.

We will fight for your rights from the start and will vigorously defend you against the charges you’re facing. We regularly negotiate with prosecutors to achieve favorable outcomes for our clients, and where necessary, our attorneys have the skills and experience to take your case to trial.

When your future is at stake, the LLF Law Firm’s Criminal Defense Team is ready to help. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys.