Displaying Material Harmful to Minors in Mercer, PA

In Mercer, PA, you may have noticed that some magazines at local stores are sold in opaque wrappers. These covers, which obscure most of the magazine except for the title, are used to prevent young people from viewing material that is considered inappropriate for their age, such as sexually explicit or obscene content.

Pennsylvania’s Laws on Harmful Material

Pennsylvania law is clear about protecting minors from exposure to inappropriate materials. According to Pennsylvania Consolidated Statutes Title 18 § 5903, knowingly displaying or disseminating pornography or other obscene content to a minor can result in serious criminal charges. This is an area of law where a skilled Mercer criminal lawyer can provide essential guidance.

How a Legal Professional Can Assist

At the Logue Law Group, we have extensive experience handling allegations related to these types of offenses. Our dedicated approach involves:

• In-Depth Case Analysis: We meticulously review every aspect of your case to build a robust defense strategy.
• Strategic Negotiation: Our team works diligently with prosecutors to discuss potential plea agreements that could reduce the penalties you face.

Are You Facing Charges?

If you have been accused of displaying materials deemed harmful to minors, the Logue Law Group is prepared to defend you. Our primary objective is to protect your reputation, avoid steep fines, and keep you out of jail. Contact us at 412.389.0805 for a confidential, no-cost consultation to go over your legal options.

Understanding Pennsylvania’s Statutes on Displays Harmful to Minors

In Pennsylvania, it is illegal to display certain materials to individuals under the age of 18. These regulations are designed to shield young people from content deemed unsuitable for their age. Pennsylvania Consolidated Statutes Title 18 § 5903 details these rules, making it clear that a violation is a significant offense. Navigating these complexities often requires the expertise of a seasoned Mercer DUI lawyer, who understands the nuances of local criminal law.

Each Day is a Separate Offense

It’s important to understand that each day an illegal display continues is considered a separate violation of the law. This means that if the infraction occurs over several days, the charges can multiply, leading to significantly increased potential penalties.

What Businesses Should Know

Responsibilities of Sellers and Distributors

Businesses in Mercer that sell or distribute content that could be classified as obscene have a legal obligation to prevent minors from accessing it. This responsibility may involve storing such items behind the counter, using sealed packaging, or otherwise concealing them from public view.

What Qualifies as “Harmful Material”?

Under Pennsylvania Consolidated Statutes Title 18 § 5903, material harmful to minors is content that depicts or describes nudity, sexual conduct, or sadomasochistic abuse and:

• Appeals to the prurient interest of minors.
• Is patently offensive to prevailing standards regarding what is suitable for minors.
• Lacks serious literary, artistic, political, educational, or scientific value for minors.

A Mercer criminal lawyer can help interpret how these standards apply to your specific situation.

Types of Prohibited Materials

A broad array of items can be considered to contain harmful material, including but not limited to:

• Any object that can be stimulated through sight, sound, or touch, including digital files on screens (computers, tablets, TVs) or stored on devices.
• Books
• Magazines
• Newspapers
• Pamphlets
• Posters
• Pictures
• Figurines
• Written descriptions
• Films
• Recordings
• Tapes

Penalties for Displaying Harmful Material

A conviction for displaying harmful materials to minors is typically graded as a first-degree misdemeanor. Each violation can result in:

• A jail sentence of up to five years.
• A fine of up to $10,000.

If the court finds the material to be obscene, the charge can be elevated to a third-degree felony, which carries more severe penalties, including:

• Up to seven years in prison.
• A fine of up to $15,000.

These serious consequences highlight the importance of complying with the law. When facing such charges, a Mercer DUI lawyer can offer crucial defense strategies.

Who Can Be Charged?

Business owners may face prosecution if their establishment is found displaying obscene content to minors. Individuals can also be charged for actions such as:

• Falsely claiming to be a guardian to help a minor access restricted materials.
• Providing a minor with a forged ID to prove they are 18 or older.

Gathering Evidence

Charges in these cases often stem from reports made by parents, guardians, or other concerned citizens. Law enforcement can use several types of evidence to build their case, including:

• Photos or videos of displays that are not properly covered.
• Photographic evidence of minors accessing the prohibited content.
• Testimony from minors who viewed the materials.
• Undercover operations where officers pose as minors.

Understanding the legal ramifications is essential for both businesses and individuals in Mercer. It’s wise to consult a Mercer criminal lawyer to ensure compliance.

What to Do If You Are Arrested for Displaying Harmful Content

An arrest for displaying content deemed harmful to minors can be a startling and upsetting experience. Follow these three steps to protect your rights and start building a defense:

1. Remain Calm: Staying composed is crucial. Reacting with anger or fear can make the situation worse.
2. Exercise Your Right to Remain Silent: Politely inform the officers that you will not answer questions until your lawyer is present.
3. Demand Legal Representation: Clearly state that you wish to speak with your Mercer DUI lawyer and do not answer any questions without them.

The Importance of Silence After an Arrest

At the Logue Law Group, we have great respect for the law enforcement officers who work to keep our community safe. However, it’s important to remember that their job includes gathering information. They may encourage you to talk without legal counsel.

Why You Should Stay Silent

The Fifth Amendment of the U.S. Constitution protects you from self-incrimination. An officer might suggest that asking for a lawyer makes you look guilty. The truth is, it shows you are aware of your rights and the seriousness of the legal process. It highlights the need for a knowledgeable advocate.

Defending Against Charges of Displaying Harmful Content

If you are accused of this offense, it is critical to contact a Mercer criminal lawyer immediately. Even a misdemeanor charge can lead to significant jail time and fines.

Potential Defense Strategies:

• Lack of knowledge that a minor could access the material.
• Unawareness of the material’s placement.
• Entrapment or being unfairly targeted by law enforcement.
• Failure by police to read you your Miranda rights.
• Arguing the material has genuine literary, artistic, social, historical, political, or scientific value.

A skilled attorney can develop a defense tailored to the unique facts of your case. A Mercer DUI lawyer from our group can analyze all evidence against you.

Resources for Those Accused of Displaying Harmful Material

These resources can provide additional support and information regarding sexual exploitation offenses.

• Pennsylvania Commission on Crime and Delinquency (PCCD): Access a wide range of crime statistics and reports focused on the state.
• Pennsylvania Coalition Against Rape (PCAR): This organization works with law enforcement to improve responses to sexual crimes, educate the public, and support survivors.
• National Center on Sexual Exploitation (NCOSE): NCOSE is a leading organization that exposes the connections between all forms of sexual exploitation and advocates for an end to these abuses.
• Substance Abuse and Mental Health Services Administration (SAMHSA): SAMHSA provides a confidential helpline for those seeking information and referrals for mental health treatment, including issues related to sexual addiction.
• Pennsylvania’s Sexual Assault and Domestic Violence Prevention Programs: Supported by the state’s Department of Health, these programs offer crucial services for victims and fund prevention initiatives.

Knowing your rights and the available resources is the first step in navigating an arrest for displaying content harmful to minors. A Mercer criminal lawyer can guide you through this process.

Frequently Asked Questions About Handling Juvenile-Sensitive Content

What is considered material harmful to juveniles?

Material harmful to juveniles includes images or text depicting nudity, sexual conduct, or sadomasochistic abuse that appeals to the prurient interest of minors and lacks serious value.

What should I do if the police question me about displaying harmful material?

You should state that you are exercising your Fifth Amendment right to remain silent and immediately request to speak with an attorney. Do not provide any statements until your lawyer is present.

Can I be held responsible if my employee showed harmful material to a 12-year-old while I was on break?

Yes, as a supervisor, you could be held liable for your employee’s actions, even if you were unaware. You might also face a civil lawsuit from the child’s parents under the principle of vicarious liability. A Mercer DUI lawyer can advise on such complex liability issues.

What are the penalties for displaying material harmful to juveniles?

Displaying harmful material to a minor is a first-degree misdemeanor, with penalties of up to five years in jail and a $10,000 fine. If the material is deemed obscene, it becomes a third-degree felony, with penalties of up to seven years in prison and a $15,000 fine.

What happens if I receive a warning but don’t take action?

Each day of non-compliance is treated as a separate offense. This means potential jail time and fines can accumulate for each day the violation continues, making it essential to act quickly.

Legal Help for Distributing Content Inappropriate for Minors in Mercer, PA

Businesses, especially those in retail, have a legal duty to protect minors from harmful content. Failing to meet this responsibility can lead to serious legal trouble. In such cases, hiring an experienced Mercer criminal lawyer who specializes in these types of charges is essential.The Logue Law Group is proud of our track record in representing clients accused of these and other offenses. We work to resolve cases efficiently, clear our clients’ names, and restore their standing in the community. For a free case evaluation with a Mercer DUI lawyer, please contact the Logue Law Group at 412.389.0805.