Pennsylvania College Student Defense: Child Pornography

Students in Pennsylvania can gain a valuable education from a wealth of top-tier colleges and universities in the Commonwealth. Public schools like Penn State and the University of Pennsylvania or private institutions like Temple, Drexel, and Villanova provide a plethora of academic fields, immensely capable school staff, and a massive alumni network with global connections.

While students may go off to school and exercise more of their freedoms entering adulthood, liberties have limits. One of the toughest stances at a Pennsylvania college or university is against crimes like child pornography and related acts like non-consensual recording. Schools will investigate, adjudicate, and punish substantiated allegations quickly, but students must also worry about charges from the state criminal justice system and even that of the federal government.

If you or a fellow Pennsylvania college student must defend themselves against child pornography charges, the LLF Law Firm is ready to start on your defense strategy. Call us at 888-535-3686 or fill out our confidential consultation form now.

Pennsylvania's Definition of Child Pornography

Recent changes to Pennsylvania law have altered the terms associated with child pornography charges in the past. For instance, state legislation amends the 2004 Children Internet Protection Act by replacing the term "child pornography" with "child sexual abuse material" or "(CSAM)." While the two may be used interchangeably, criminal charges will be filed under CSAM and no longer as child pornography.

Regardless, the actions that constitute child pornography remain the same. Pennsylvania considers the following acts to be in violation of the statute:

1. Any person who causes or knowingly permits a child under the age of 18 years to engage in a prohibited sexual act or simulating such act.
2. Any person who knowingly photographs, videotapes, depicts on a computer, or films a child under the age of 18 years engaging in a prohibited sexual act or simulating such an act.
3. Any person who knowingly sells, distributes, delivers, disseminates, transfers, displays, exhibits to others, or possesses for the purpose of sale, distribution, delivery, dissemination, transfer, display, or exhibition, any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or simulating such act.
4. Any person who intentionally views or knowingly possesses or controls any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction, or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or simulating such act.

For an individual's first charge related to the acts related under the about numbers “1” or “2”, Pennsylvania will treat it as a second-degree felony. The acts described under numbers “3” and “4” warrant a third-degree felony charge. For second and subsequent offenses, Pennsylvania treats it as a second-degree felony. However, the charges will be upgraded under the following conditions:

• Depictions of indecent contact.
• The child depicted is under 10 years of age or prepubescent.

Critically, neither a misrepresentation of age by the child nor a belief that the person is over the specified age is a defense. However, there are some exceptions to the law. Materials viewed, possessed, controlled, brought, or caused to be brought into Pennsylvania must be "for a bona fide educational, scientific, governmental or judicial purpose."

Prohibited Acts and Exceptions

Insofar as prohibited sexual acts are concerned, Pennsylvania outlaws "masturbation, sadism, masochism, bestiality, fellatio, cunnilingus, lewd exhibition of the genitals or nudity if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such depiction." Regarding intentionality, Pennsylvania law dictates that an individual must commit "deliberate, purposeful, and voluntary viewing of material depicting a child under 18 years of age" engaging in prohibited sexual acts or their simulation.

There are a few exceptions that apply to child pornography laws in the state, which may or may not be leveraged into a defense for the accused, depending on the circumstances of their charges. They are as follows:

• Individuals under the age of 18 who view, photograph, videotape, or otherwise depict and disseminate prohibited imagery of themselves only.
• Minors who view, film, or disseminate pornographic content of another minor who is at least 12 years of age.
• Accidental or inadvertent viewing of such material.

While an accidental or involuntary viewing or dissemination of child pornography is a defense, it must be proven that it was accidental or involuntary.

Pennsylvania's Non-Consensual Recording Crime

In addition to child pornography, Pennsylvania law also criminalizes recording sexual acts and those perceived to be sexual, including nudity, if parties do not consent. Unlawful dissemination occurs when an individual broadcasts a visual depiction of the current or former sexual or intimate partner in a state of nudity or engages in sexual conduct with the intent to harass, annoy, or alarm the individual.

Pennsylvania will grade unlawful dissemination of intimate images as follows:

• First-degree misdemeanor: When the person depicted in the image is a minor.
• Second-degree misdemeanor: When the person depicted is the age of 18 or older.

It is a defense that an individual disseminates the images with the consent of the person depicted. However, that doesn't mean they cannot be charged with the crime.

Related State and Federal Pornography Laws

The above child pornography laws are not the only state and federal laws under which prosecutors may charge crimes involving children and sexually explicit materials. For instance, Pennsylvania also prohibits the display, production, or distribution of obscene materials, whether they involve children or not. The Commonwealth considers obscenities to include materials or performances that:

• The average person applying contemporary community standards would find that the subject matter—taken as a whole—appeals to the prurient (lewd or lustful) interest.
• Depict or describe sexual conduct in a patently offensive way.
• When taken as a whole, it lacks serious literary, artistic, political, educational, or scientific value.

A myriad of federal laws also criminalize child pornography. Below are a few key federal statutes:

• Material Constituting or Containing Child Pornography: addresses the production, distribution, receipt, and possession of materials, including computer-generated images and digital files.
• Coercion and Enticement: criminalizes knowingly persuading, inducing, enticing, or coercing any minor to engage in sexual activity that constitutes interstate or foreign commerce.
• Obscene Visual Representations of Child Sexual Abuse: outlaws the production, distribution, and possession of obscene visual representations (including drawings and cartoons) that depict minors.
• Transfer of Obscene Material to Minor: forbids the transfer or attempt to transfer obscene material to minors via mail or the Internet, which includes materials that are not necessarily child pornography but are still considered obscene.

Although the federal government and the Commonwealth of Pennsylvania have laws against child pornography, whether the criminal charges are carried out in state or federal court largely depends on the following factors:

• The jurisdiction of the arresting authority (local, state, or federal officer).
• The location of the crime (on a private school campus, federal property, or a foreign school trip).
• Mode of viewing, sending or requesting images or obscene materials.

Critically, individuals may face charges in both state and federal court for the same crime under dual sovereignty provisions, meaning if someone commits a crime at each level of governmental authority, both have the right to pursue charges. For example, if a student at Pennsylvania's Drexel University was arrested on state child pornography charges involving producing photos of minors in pornographic depictions and showing them to others in chatrooms, federal prosecutors could indict them for dissemination over the Internet. However, in some cases, one sovereign (state or federal government) may drop or dismiss charges while the other continues to prosecute.

Child Pornography in the College and University Context

In the context of campus life, allegations of child pornography carry slightly different definitions. Adopted by all full and partial publicly-funded schools, the most prevalent is based on federal Title IX legislation, which is a set of laws and regulations designed to eliminate sex and gender-based discrimination in schools that accept federal funding (which includes nearly every college and university in Pennsylvania).

Most of the time, schools identify child pornography as sexual exploitation under Title IX. However, Title IX is constantly in flux, and changes in its purview can mean a different process faced by students. Nothing precludes students alleged to have committed acts involving child pornography from being charged under Title IX, and as the process undergoes adjustments, it's likely easier now than ever before for students to have allegations levied against them.

Changes to Title IX

The Biden Administration rolled back many stipulations afforded to parties involved in the Title IX process that were instituted during the Trump Administration. For instance, the process required live, in-person hearings for the accused to face their accuser, the opportunity to cross-examine witnesses, and substantiation of charges based on the "clear and convincing evidence" standard.

Many of the protections were reversed on August 1, 2024. Executive changes to Title IX regulations have introduced significant adjustments to expand protections for some and narrow other procedural requirements during the grievance process. Key changes include the following:

• Broadening the definition of sexual harassment to encompass conduct that is "severe or pervasive."
• Institutions may choose between the "preponderance of the evidence" or "clear and convincing evidence" standards.
• Schools are no longer required to hold in-person cross-examinations during live hearings.
• Expansion of the definition of "sex" to cover gender identity.

These changes reflect the Biden Administration's efforts to enhance protections for victims while ensuring that schools handle Title IX complaints fairly and consistently. Yet, some institutions of higher education have paused rule changes until injunctions are lifted—under the presumption they may be. Like many in Pennsylvania, others are moving forward to implement parts of the regulations that haven't been contested in attempts to overturn the Title IX final rule.

Multiple Charges For Child Pornography Charges

If someone at your Pennsylvania college or university files a complaint related to child pornography or sexual exploitation and the school moves forward with charges, you face more than one problem. As mentioned before, multiple levels of government the school can get involved, resulting in the following scenarios:

1. Pennsylvania criminal proceedings in the county where the alleged incident took place.
2. Federal charges related to the production or dissemination of child pornography in any medium.
3. School disciplinary proceedings from the institution where the alleged incident took place.

There are situations, however, where students may come away without criminal charges. Students must understand that this does not mean the same will occur with the school. The evidentiary standards and proceedings schools use to adjudicate breaches of the code of conduct are far lower than in a court of law.

Critically, few attorneys have experience defending students in these kinds of dual situations. The tactics used to influence judges and juries in the courtroom often do not translate to school disciplinary proceedings. Fortunately, the LLF Law Firm is well-known for its experience in court, along with its ability to negotiate with school administration officials.

Our team understands the uncompromising position students are put in when accused of committing a crime. Even allegations of child pornography or sexual exploitation will affect their enrollment status at a Pennsylvania college or university (as well as in other states). The LLF Law Firm knows that resolving criminal matters doesn't mean the school will drop its charges, even if a student is acquitted in criminal court. But our experience with these situations helps ensure you will be in the best position possible to defend yourself on both fronts.

Examples of Student Discipline Policies Related to Child Pornography

Temple University

Temple handles child pornography under their Preventing and Addressing Sexual Misconduct policy. The school does not call it child pornography but sexual exploitation.

The school defines instances as any in which "a person takes non-consensual sexual advantage of another individual for the benefit of anyone other than the individual being exploited." Examples related to instances of child pornography include but are not limited to, live streaming, producing or disseminating pictures, video, or audio recordings of another person engaged in sexual activity without consent.

Temple University explains that it relies on Pennsylvania's definition of consent on all sexual-related activities, where consent means "knowing, voluntary, and clear permission by words or actions to engage in sexual activity" and "must be ongoing…and can be revoked at any time." Moreover, assent—affirmative actions or statements—do not constitute consent if it is given without "reasonable judgment concerning the nature or harmfulness of the proposed activity" because of:

• Intoxication
• Unconsciousness
• Youth
• Mental deficiency
• By product of threat or coercion

"When sexual exploitation rises to the level of sexual harassment" at Temple University, the alleged conduct is processed through the school's Title IX office.

Students must also remember that a college or university's jurisdiction is often far more expansive than what many would call the campus, as such. Temple University outlines in its code of conduct that a breach of rules that occurs in the following areas is subject to disciplinary measures:

• Areas within 500 yards of the school campus
• School-owned or controlled vehicles
• College or university-sponsored events

The school also adopts another expansive point of jurisdiction over students. Temple claims that its rules apply to "off-campus incidents or conduct that adversely affect the university community and the pursuit of its objectives."

Allegations of sexual exploitation are handled differently than those involving academic rule violations or general misconduct, with a separate set of procedures. But even before those procedures begin, Temple (and other institutions of higher education) reserves the right to impose disciplinary measures against an accused student under certain circumstances, which include the following:

• Temporary suspension from school
• Ban from university housing and other non-academic buildings
• No-contact order served against the accused student
• Exclusion from classroom attendance

When the school's Title IX Coordinator receives a complaint, they will review the initial details to establish whether the allegations are within the office's jurisdiction. With the changes in the rules, the school has a more flexible choice. In some cases, school authorities may offer informal means of discipline to resolve conflict between parties and the institution's grievances. Otherwise, a hearing process will occur when the accused student disputes the charges. Notably, accused students have "the right to be assisted by any personal advisor they choose."

Penn State University

Under its Discrimination and Harassment and Related Inappropriate Conduct Policy, Penn State University fits child pornography under its clause dedicated to sexual exploitation, which is defined as "taking sexual advantage of another for one's benefit or to benefit or advantage anyone other than the one being exploited." Consequently, the viewing, possession, production, or distribution of child pornography is handled as a Title IX offense, as is non-consensual recording.

Like Temple, Penn State has interim and emergency disciplinary measures. While the school may restrict an accused student's access to buildings, classes, extracurricular activities, and the parties involved in the alleged incident, it can also order a mandatory threat assessment from a psychiatric professional.

Schools levy emergency measures without giving students the chance to explain their side of the events. Yet interventions are only in place for up to two business days (some schools may be longer). Afterward, they can be removed or modified to interim measures, wherein the student can explain why the actions need no longer be imposed before formal grievance proceedings.

Once formal charges are pursued by Penn State's Title IX Coordinator, an investigation will begin. While every situation is different, the school will have an imposing reach on what they can consider evidence. The investigation staff may collect and scrutinize any form of communication, including texts, emails, social media posts, and others. Students can also select "an individual of their choice to serve as their advisor," who can attend hearings and related meetings but may not represent the student.

Drexel University

More along with the full, spelled-out definition of child pornography under Pennsylvania and federal law is Drexel University's policy against the practice. Within the school's Forms of Sexual Harassment and Prohibited Conduct is sexual exploitation, which includes:

• "Recording, photographing, or transmitting intimate or sexual utterances, sounds, or images" through any medium without the knowledge and consent of anyone involved.
• Non-consensual "streaming of images, photography, video, or audio recording of sexual activity or nudity, or publication or sharing" without knowledge and consent of those involved.
• Distributing intimate or sexual information about another person without their consent.

The grievance process falls under the school's Title IX policy and follows in many respects what other schools do. For instance, the following are still the same:

• Preliminary investigation
• Informal dispute resolution
• Formal investigation process
• Formal hearing

Most importantly, students accused have the opportunity to choose an advisor to help them throughout the process. Although an advisor may not represent the student or speak on their behalf, they are vital to ensuring fairness during grievance procedures, mainly when the hearing can be intense, considering the potential repercussions.

College and University Hearing Process

Since child pornography, non-consensual recording, and other forms of sexual exploitation fall under a school's Title IX policy, the institution is compelled to act—even more so than it would be under general misconduct policies due to ties to federal funding. So, schools designate nearly all employees (including volunteers) as "responsible persons." This designation requires them to report suspected violations or face discipline themselves. Therefore, students can be alleged to have committed such misconduct by more people than they may believe.

When allegations arise, most schools in Pennsylvania proceed similarly, irrespective of the official name of their disciplinary body. Nevertheless, general misconduct is handled differently than offenses that are sexual in nature, and therefore, jurisdiction is given to the Title IX Coordinator. The following steps are what students will likely face:

1. When the complainant (accuser) must be present, the hearing panel will allow them to make an opening statement first.
2. The respondent (accused) will then provide their opening statement.
3. Both parties may present evidence during the hearing.
4. Members of the hearing panel (excluding the decision-maker of hearing officer) may ask questions to the complaint or the respondent.
5. Each party may or may not be allowed to cross-examine the other party (due to rule changes, but this will depend on the individual incident).
6. Both parties may give closing statements to the panel in an effort to persuade their final decision.

Within days, the decision-maker or hearing officer will determine responsibility for the allegations, which may also include a majority vote from the hearing panel. Beforehand, institutions of higher education primarily used the "clear and convincing evidence" standard, but with the changes in the Biden Administration policy, the threshold has been lowered to a "preponderance of the evidence." This means that the hearing panel only has to be at least 50 percent convinced that the respondent is responsible for the allegations.

School Sanctions for Child Pornography and Sexual Exploitation

Although Pennsylvania's colleges and universities may not hand out jail time, there is no shortage of severe sanctions. While punishments may vary from school to school, it's likely that the minimum sanctions are forms of separation from the school, such as:

• Suspension: Students are barred from campus for a semester of an academic year and are often not allowed to take credits during the semester. They usually must meet certain conditions before being able to return.
• Expulsion: Permanent removal from the institution. Students who have been expelled will likely have trouble transferring to a new school if the expulsion is posted on their transcript.

The discipline from school charges can easily reverberate throughout a student's life. Following graduation, during the hiring process, many employers conduct background checks or enquire into records of rule violations. Severe offenses, especially ones like child pornography or sexual exploitation, may exclude one from applying for a job and even prevent one from rising in career rank. Furthermore, students suspended or expelled for charges might experience significant financial hardship if they lose a scholarship or financial aid or are forced to pay back tuition for incomplete semesters.

Criminal Child Pornography Charges

As mentioned before, a conviction for child pornography will either be a second-degree or third-degree felony, depending on the circumstances. Any subsequent offense is automatically a second-degree felony. Punishments allowed under Pennsylvania are as follows:

• Second-Degree Felony: Up to 10 years in prison and $25,000 in fines.
• Third-Degree Felony: Up to seven years in prison and $15,000 in fines.

Although non-consensual recording carries lesser punishments, that does not make them any less serious. Misdemeanors still can result in jail time, as follows:

• First-Degree Misdemeanor: Up to five years in prison and $10,000 in fines.
• Second-Degree Misdemeanor: Up to two years in prison and $5,000 in fines.

Even if a child pornography charge is in an individual's first offense, convicted felons will have obstacles to face ahead. Felonies can affect the following:

• Voting rights
• Holding a passport and traveling abroad
• The standing of occupational licenses
• Ability to apply for federal aid for education or housing
• The right to own firearms

But even after fines are paid and sentences are served, a child pornography conviction means individuals must register as sex offenders. Depending on the incident and case details, registration is required for at least 15 years, which can be upgraded to a lifetime.

The LLF Law Firm Can Help You With Child Pornography Charges

If you are a student who has been charged with child pornography, non-consensual recording, or other crimes or code of conduct violations in Pennsylvania, you need the help of a team of attorneys who thoroughly understand student defense and criminal defense. Fortunately, the LLF Law Firm has well-tested experience in both arenas.

Our team represented numerous students who have faced discipline from the school and the criminal justice system, and we know how to address allegations promptly. While you may feel like there is no way forward from accusations, we can invoke our experience and strengths to ensure you have the best defense possible, such as:

• Working towards a quick release without restrictive bond terms at arraignment.
• Capitalizing on the discovery process to analyze the prosecution's incriminating evidence.
• Understanding your side of the events to identify mitigating and exonerating evidence.
• Advocating for the suppression of the prosecution's evidence or the dismissal of charges
• Invoking your rights during the trial and representing you during motions, direct and cross-examination, and closing arguments to expose gaps in the prosecution's case.
• Seeking any means for redress if necessary, such as post-trial relief and appeals based on legal errors or the lack of evidence.

The LLF Law Firm has worked with numerous students just like you. We understand your feelings and know what you're up against, especially with criminal convictions, but school discipline is handled differently.

Local lawyers may advertise their courtroom strategies as a means to get you out of trouble at school. However, the LLF Law Firm knows that the administrative procedures used in college and university discipline require a delicate touch that does not translate solely from trial experience. Our firm will employ the following steps when allegations arise so you remain at school and focus on academic success:

• Evaluating the school's complaint and preparing you to respond to notices for investigations and hearings.
• Compiling the school's evidence against you and searching for evidence that supports you.
• Coaching you on how to present your case during informal resolutions or formal hearings.
• Attending all meetings, conferences, and hearings as school rules permit.
• Pursuing appeals to lessen or reverse disciplinary decisions based on errors or procedural irregularities.
• Negotiating alternative special relief through a school's Office of General Counsel, if necessary.

The LLF Law Firm stands ready to help you defend against criminal and school charges. We will advocate for fair hearings and trials and invoke your rights every step of the way. To get started on your defense strategy, call the LLF Law Firm today at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.