When Someone is Charged with Possession of Child Pornography

Criminal Defense Chester County

West Chester Child Pornography Attorney

A large amount of law enforcement resources and efforts are spent on investigating and prosecuting those who make, possess or view child pornography.  Child pornography cases are intensely involved criminal matters where not only are the criminal penalties severe but the damage to personal reputation and career are potentially irreversible – even when one is charged unjustly.  Beyond the severe criminal punishment lies the potential of long-term or life registration as a sex offender.  Further, in many cases there is a potential that the federal government will adopt the case and prosecute it in Federal Court – leading to potentially even more serious punishment.

When someone is charged with a child pornography crime there are many investigative avenues that need to be explored.  Most of the time these charges involve computers / the internet – meaning an expert in computer forensics may provide a potential defense.  Mental health and the potential of reoffending is also a concern in many of these cases meaning that mental health professionals may be employed to help mitigate cases / sentences.  It is also important to understand that the age of the children depicted in the child pornography will potentially enhance the punishment one is facing which may become an issue that will be litigated.

Child pornography cases are involved and emotional.  Despite the fear one may feel after being charged it is crucial to hire an attorney experienced in these matters and one who is able to evaluate all potential options to provide the best defense strategy before moving forward.


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes to the law that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments or the most complete legal issues for all cases These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester

“SORNA” Act (Sex Offender Registration and Notification Act)

Many sexually related offenses fall under the “SORNA” Act (Sex Offender Registration and Notification Act). SORNA states which offenses create a requirement for a convicted individual to register as a sex offender.  SORNA also provides the length of registration that is required depending on the charge.

Because of the intricacy of the Act as well as the severity of the consequences, there is much litigation in the appellate courts relating to different parts of the Act.  Whenever possible, an experienced criminal defense attorney will make every possible legal effort in order to secure an outcome that does not include registration as a sex offender.   The Act also determines the length of the registration requirements, of which there are three – Annual Registration for 15 years, Semiannual Registration for 25 years; Quarterly for life.

Some of the offenses that fall under the SORNA Act are:

 

Rape

IDSI

Kidnapping

Sexual Assault

Incest

Aggravated Indecent Assault

Indecent Assault

Sexual Abuse of Children

Unlawful Contact

Obscene Materials

Statutory Sexual Assault

False Imprisonment

Unlawful Restraint

(Note: this does not include all offenses covered and not every subsection of each above listed offense implicated the SORNA Act)


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale