Philadelphia Child Pornography Lawyer

Philadelphia Child Pornography Lawyer

Any person who intentionally views material depicting a child under the age of 18 engaging in a prohibited sexual act or simulating such an act is guilty of a felony.  In addition, any person who causes or permits a child under the age of 18 to engage in a prohibited sexual act and has reason to know it will be depicted is guilty of a felony.  In neither instance is it a defense that you did not know the age of the child.  Nor is it a defense that the child’s age was misrepresented to you.

In Pennsylvania courts and in federal court, charges of child pornography are extremely serious.  A reputable computer forensic expert is typically essential during the investigative process, trial and sentencing.  The crime is a Megan’s Law offense and those convicted are designated as sex offenders.   Sentences for a first offense can range from probation to up to 20 years in prison. In many cases, these allegations are prosecuted alongside related charges involving the endangering the welfare of a child, significantly increasing both legal exposure and long-term consequences for the accused.

For a second offense, the sentence is more serious.  Sentences in child porn cases are contingent upon many factors, most importantly jurisdiction – state or federal court.  In the federal court system, there are mandatory prison sentences for child porn cases and there are also many enhancements under the United States Sentencing Guidelines (i.e., use of a computer in accessing child porn, the number of images possessed, are examples of circumstances which qualify as an upward enhancements under the Guidelines).  Whether a prosecution is federal or state is sometimes contingent upon the existence of evidence of receipt in interstate commerce.  If the child porn is received on the internet, obviously interstate commerce is easily proven.

The law applies regardless of the age of the person who takes the photo and sends it.  This has led to serious ramifications for children who engage in “sexting,” including teenagers who are have been charged and required to register as sex offenders for sending photos to their underage partner.

Those convicted of possession of child pornography and/or distribution of child pornography face extremely harsh consequences such as severe jail sentences and long periods of probation.  I have experience in the trial court and appellate court on child pornography cases.  I have worked with many forensic experts in these case – computer, psychiatric and psychological.  It is vitally important to hire an attorney that has experience in such cases immediately after a search warrant is served, after arrest or after being notified by authorities that you are being investigated.

Pennsylvania Law on Child Pornography (18 Pa.C.S. § 6312)

Pennsylvania’s sexual abuse of children statute, 18 Pa.C.S. § 6312, covers several distinct offenses. Charges and penalties depend on the specific conduct involved:

Photographing or filming sexual acts – Causing, permitting, or filming a minor under 18 engaging in a prohibited sexual act is a second-degree felony, carrying up to 10 years in state prison.

Disseminating child pornography – Selling, distributing, delivering, or possessing with intent to sell images or videos depicting a minor in a sexual act is a third-degree felony, carrying up to 7 years.

Possession of child pornography – Knowingly possessing or controlling material depicting a minor engaged in or simulating a sexual act is a third-degree felony for a first offense and a second-degree felony for a subsequent offense.

Pennsylvania law does not recognize lack of knowledge of the minor’s age as a defense. It is also not a defense that the minor misrepresented their age. However, lack of intent – meaning you did not knowingly or intentionally possess the material – is a recognized defense, and it is one our team actively pursues through digital forensic investigation.

Pennsylvania sentencing guidelines assign each offense a gravity score that affects the recommended sentence. A gravity score of 6 with no prior record carries a recommended sentence of three to nine years. More serious offenses involving younger victims or large quantities of images can carry gravity scores up to 10, with recommended sentences of 30 to 48 years. Judges have discretion within these guidelines, which makes the quality of your defense and any mitigating evidence critical to your outcome.

Federal Child Pornography Charges

When alleged offenses involve the internet, email, or any means of interstate or foreign commerce, the federal government can – and frequently does – take jurisdiction. Federal charges are governed by:

• 18 U.S.C. § 2251 – Sexual exploitation of children, including transportation of a minor for the purpose of producing sexual content
• 18 U.S.C. § 2252 and § 2252A – Distribution, receipt, possession, and reproduction of child pornography using any means affecting interstate commerce, including computers and mail
• 18 U.S.C. § 2260 – Prohibits dealings in child pornography originating outside the United States with intent to transmit to the U.S.

Federal law also criminalizes child pornography possession on any government-owned or controlled property, as well as conspiracy or attempt to commit any of the above offenses – even when no completed act occurred.

Federal mandatory minimum sentences remove much of a judge’s discretion. Even downloading a single file can trigger a mandatory minimum of five years in federal prison upon conviction, regardless of prior record. Depending on the number of images, the age of the minor depicted, and prior convictions, mandatory minimums can escalate significantly. This is why early legal intervention – before charges are even filed – can make a decisive difference.

State vs. Federal – How Is Jurisdiction Determined?

Both state and federal authorities have the power to prosecute child pornography offenses, and in some cases both can pursue charges based on the same conduct. The determination often comes down to how the material was accessed or transmitted.

Federal investigators become involved most commonly when:

• Material was transmitted across state lines via the internet
• The investigation traces to a larger network, operation, or distribution ring
• Federal agents initiate their own undercover investigation independent of state police
• State charges are already underway and federal prosecutors elect to take over the case

Because a case can shift jurisdictions – and because federal consequences are generally more severe – it is critical to have an attorney with experience in both state and federal court from the very start.

Megan’s Law and Sex Offender Registration

A child pornography conviction triggers mandatory sex offender registration under Pennsylvania’s Megan’s Law. Registration means your name, address, photograph, and offense appear on a public database searchable by anyone – including prospective employers, landlords, and neighbors.

Pennsylvania uses a tiered registration system:

• Tier I – 15 years of registration
• Tier II – 25 years of registration
• Tier III – Lifetime registration

Which tier applies depends on the specific charges, the number of counts, and prior convictions. Beyond registration itself, the consequences extend to restrictions on where you can live, what jobs you can hold, and your rights regarding custody of your children. These collateral consequences can outlast any prison sentence.

Pagano Law works to challenge evidence, reduce charges, and pursue outcomes that minimize or eliminate registration requirements wherever possible.

If You’re Under Investigation – Don’t Wait

Many people don’t contact an attorney until after an arrest. That’s often too late. Federal and state investigations into child pornography can go on for months before any arrest is made – during that time, investigators are building their case, executing search warrants, seizing devices, and in some cases conducting undercover operations.

If you suspect you are under investigation – if law enforcement has contacted you, seized a device, or reached out to people you know – contact Pagano Law immediately. You have the right to remain silent and the right to have an attorney present before answering any questions. Police may indicate they simply want to “clear your name,” but if they’re asking questions, you are likely a suspect. Exercise your rights.

Defense Strategies in Child Pornography Cases

A charge is not a conviction. These cases frequently involve defensible issues that a skilled attorney can exploit:

Unlawful search and seizure – If police or federal agents obtained evidence without a valid warrant, exceeded the scope of an authorized warrant, or violated your Fourth Amendment rights, a motion to suppress can potentially eliminate that evidence from the case. If the suppressed evidence was the foundation of the prosecution, charges may be reduced or dismissed entirely.

Lack of knowing possession – One essential element of child pornography charges is that you knowingly possessed or accessed the material. Files downloaded automatically, pushed by malware, or stored by another user who shared your device may not meet this standard. A qualified computer forensic expert can analyze your device’s metadata, download logs, and access history to demonstrate you were not a knowing actor.

Shared device / third-party access – If the device was used by roommates, family members, or others, the prosecution must prove the material was accessed by you specifically. We work with forensic experts to challenge those attributions.

Wrongful accusation or entrapment – In some cases, individuals are falsely accused by someone with a motive to deflect suspicion, or they are targeted in an undercover sting operation that crossed into entrapment. We investigate the full circumstances of how the investigation began.

Plea negotiations – In cases where a trial is not the best path, our team negotiates aggressively for reduced charges, lesser sentences, and outcomes that protect your future as much as possible. We never push clients toward a plea – we present options and let you decide.

Greg Pagano’s Track Record in Sex Crime and Child Pornography Cases

Greg Pagano has litigated child pornography cases at both the trial court and appellate level. He secured a successful Third Circuit appeal resulting in a new sentencing hearing – a rare outcome in federal court. His team works with computer forensic experts, psychiatric professionals, and psychological experts to build comprehensive defenses. When you are facing this level of exposure, experience in these specific cases matters.

Greg Pagano Wins 3rd Circuit Appeal – New Sentencing Hearing Granted . . . – click to read the Court’s opinion.

Facing a Child Pornography Charge? Get in Touch With Pagano Law Today