Legal Question in Criminal Law in Pennsylvania

Possession of Child Pornography

My 19 year old newphew's computer was seized by the Delaware Co. crime unit for possession of pornography. He also had child pornography that he had viewed.He did not send the pictures to any one. He did download them for viewing.He says he deleted the child porn but I know they never disappear. He was interviewed by the detective without miranda, without taping or a lawyer. I know he needs to get a lawyer. What charges is he facing? Time in Jail?. He is an honor student in college and no prior criminal background. I don't know how many times he viewed but once is enought. Please give advise so that I can get him legal help. His goal in life is to be an attorney and I am afraid he will never reach it if he is charged, or reaches some type of ARD. My sister is not dealing with his and thinks everything will be okay.

Plealse give any advise you have. Thank you.


Asked on 2/05/06, 6:02 am

2 Answers from Attorneys
Jay Hochberg

Re: Possession of Child Pornography

The good news is that the federal government is not involved. The bad news is that under Pennsylvania law, the mere possession of child pornography is a felony of the third degree. (The statute is at Title 18 P.S. Section 6312(d).) Your nephew needs an attorney immediately. I recommend that you call your local bar association for referrals. Also, I am available for free consultations.

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Answered on 2/06/06, 9:51 am
Mark Johns Mark Johns, Esquire

Re: Possession of Child Pornography

The first thing he needs to do is to not speak with anyone but a lawyer about this. If they seized the computer presummably they had a waarant. Police generally don't get warrants unless they are going to pursue charges. Not only is it a state offense it is also a federal crime. Your nephew may have legal defenses or information the police thinks is valuable enough to have the charges go away. I offer free consultations.

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Answered on 2/05/06, 7:38 am


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