A dedicated attorney is your best bet to deal with allegations quickly, clear up any mistakes, and hopefully get the case dismissed before a conviction puts you behind bars or on the sex offender registry. If your case does move forward, having a lawyer helps ensure you get the best defense and outcome possible.

With a history of success in child pornography cases like yours, reach out to Philadelphia sex crimes defense attorney Mike Fienman at (215) 839-9529 for a free and confidential consult. We will review the detail, discuss your options, and explain what to do next so these charges don’t define the rest of your life.

Child Pornography Charges

Technology has put child pornography squarely into an increasing number of people’s hands. These images are easily found online, and when they are downloaded or viewed on the Internet, offenders can face federal charges that draw stiff prison sentences.

Many people unwittingly violate child pornography laws. For example, you might see an image on a web site of someone who you think is an adult but who turns out to be under 18. Even though you believed you were looking at an adult, you can still be charged.

The humiliation of being labeled a child pornography offender reaches into every aspect of your life. From your employer, who has the right to look at the images on your computer, to your spouse, family, and friends, you will face stinging disapproval and severe repercussions.

Child Pornography Laws

Pennsylvania law makes it a crime to intentionally or knowingly view or possess books, magazines, photos, videos, computer depictions, or other materials that depict children under 18 engaging in sex acts or simulating those acts.

  • A first offense is a felony of the third degree. Your next offense is a felony of the second degree.
  • It is not a defense if you thought the child was older.
  • It is not a defense if the child represented themselves as older.
  • Your employer and even a computer repair technician, can legally view your computer files and hard drive.
  • In Pennsylvania it is illegal to photograph, sell or distribute images of children under 18 engaging in or simulating sex acts to appear in books, magazines, films, computers or other materials.
  • Selling or distributing these images is a felony offense that is graded based on the specific circumstances and whether or not you have previous convictions.

Federal Child Porn Charges

Child pornography is frequently a federal offense. You face federal charges if you view or possess child pornography from the Internet, including downloading child pornography or emailing links to it. This increases the potential penalties and makes your case even more complex. For example, a first-time offense for producing child pornography may include fines and between 15 to 30 years in prison.

What To Do If You Are Accused

If you are charged with a child pornography offense, do not make any statements without an attorney present. At this stage, anything you say can be used against you later. You may make the situation worse or make comments that can be misinterpreted.

  • As with most criminal charges, do not talk to the police or prosecutors without your attorney by your side.
  • If the police question you, tell them you want a lawyer and politely refuse to answer their questions.
  • Do not let the police search your home, computer, or office without a warrant.

What a Child Pornography Attorney Can Do

Your attorney will carefully review every aspect of your case to identify weaknesses and highlight flaws that resulted in you being charged.

  • Your attorney will investigate to see if there is any evidence that will prove your claims.
  • Your lawyer will make every effort to discredit any evidence against you.
  • If child porn was found on your computer, your attorney will investigate whether other people had access to your computer who could have downloaded the images.

Remember, your attorney will be looking at every avenue that can help you, so it’s important that you give them all of the information that can support your case.

How Attorney Fienman Handles Child Porn Cases

When you are up against a child pornography charge in or around Philadelphia, even before your first hearing you will be facing both a determined prosecutor and community condemnation. You need an experienced attorney with a background in child porn cases, who will stand by you every step of the way, work to discredit any evidence, and help determine your best course of action.

Since child pornography cases are primarily based on computer-related evidence, attorney Fienman is well-versed in interpreting computer data and knows what it takes to identify issues with electronic evidence.

By analyzing the computer evidence and, more importantly, knowing when to retain a computer expert, you may be able to point out weaknesses early and potentially avoid formal charges. This evidence will also be critical to any preliminary hearings where attorney Fienman will fight to limit what can be used against you. If the case does progress, we will negotiate with the prosecutors to find the best possible outcome and aggressively fight to clear your name.

Pennsylvania Child Pornography Law

Child pornography is described and defined under The Pennsylvania Criminal Code under Title 18, Chapter 31. Read the code here.

Questions? Contact us today.

Based on the evidence, Fienman Defense will try to show that the charges should be dismissed. If it’s in your best interest, we will work to negotiate a lesser sentence. Should the case go to trial, we will fight to present the strongest defense possible for your situation.