Legal Help for Charges of Pandering Obscenity with a Minor in Mercer

Understanding the Accusation

In Pennsylvania, being accused of pandering obscenity involving a minor is a very serious matter. This charge applies to anyone who creates, copies, buys, sells, advertises, publicly shares, or displays any material considered obscene that features someone under 18 years old. Pennsylvania law describes “obscene material” as content showing sexual acts or simulations in a way that goes against community standards of what is appropriate for minors.

Expert Defense is Available to You

If you are facing charges for pandering the obscenity of a minor, it is crucial to have expert legal representation. The Youngstown Criminal Law Group is well-known for its strong defense in such cases throughout Pennsylvania, bringing:

• Over twenty years of focused legal practice
• A capable team that has successfully handled thousands of criminal defense cases

Even with the seriousness of your situation, working with the experienced Mercer criminal lawyer, Sean Logue, and the skilled team at Youngstown Criminal Law Group ensures your case will be managed with the highest level of skill and attention.

Why Choosing Youngstown Criminal Law Group is Crucial

Defendants facing these charges in Pennsylvania can expect severe consequences, which may include:

• Harsh legal penalties
• Large financial fines
• Possible jail or prison time
• The lifelong challenges of having a felony record

Securing legal help from Youngstown Criminal Law Group provides distinct benefits:

• A passionate dedication to defending individuals accused in the Mercer area
• A thorough knowledge of different case types and effective legal tactics
• A commitment to securing the best possible result for our clients
• Detailed legal guidance during sex crime investigations, with services available in Mercer County and surrounding areas

Get the Help You Deserve

Youngstown Criminal Law Group is committed to providing exceptional criminal defense. If you are facing charges of pandering obscene material involving a minor, time is critical. A knowledgeable Mercer DUI lawyer on our team is prepared to help you:

• Confidently handle the complexities of your case
• Take advantage of a free initial meeting to review your situation

Contact us at 412.389.0805 to begin building your defense strategy today. Protect your rights and find peace of mind with the experienced legal team at Youngstown Criminal Law Group guiding you.

Understanding Charges of Pandering Obscenity Involving Minors in Mercer

According to Pennsylvania law, specifically under relevant state statutes, certain activities can result in a conviction for pandering obscenity that involves a minor. For a conviction to be successful, the prosecution must prove the defendant knowingly performed any of these actions:

• Created, published, or copied obscene content that features or involves a minor
• Promoted or sold obscene materials showing a minor
• Produced or directed an obscene performance with a minor participating
• Promoted or was involved in presenting an obscene performance that included a minor
• Acquired, possessed, or had control over obscene materials depicting a minor
• Transported or helped transport any obscene content involving a minor into Pennsylvania

Pennsylvania statutes define “obscene” as any material or performance of a sexual nature primarily intended for:

• Arousing a prurient interest in sex
• Causing lust through sexual imagery, activity, or nudity
• Inciting lust by showing bestiality or explicitly cruel or violent acts
• Appealing to a scatological interest by depicting human bodily functions in a way meant to disturb an ordinary person
• A series of sexual acts or images designed to create a cumulative prurient or scatological effect without genuine scientific, educational, moral, or artistic merit. A Mercer criminal lawyer can clarify these points.

Consequences of Pandering Obscenity of a Minor in Pennsylvania

Individuals found guilty of pandering obscenity involving minors face severe penalties. This crime is often treated similarly to child pornography offenses and is punished with harsh sanctions, including prison sentences and substantial fines.

Possessing or controlling obscene materials that depict a minor can lead to charges of a fourth-degree felony, with potential consequences including:

• Fines up to $5,000
• A prison sentence of up to 12 months

Repeat offenders caught with obscene material related to minors face more severe punishment, typically a third-degree felony. The penalties for this include:

• Fines reaching up to $10,000
• Up to 18 months of incarceration

Other acts of pandering obscenity with a minor are classified as second-degree felonies. A conviction for such an offense brings grave consequences, including:

• A fine of up to $15,000
• A potential prison sentence of up to 8 years

A charge becomes a second-degree felony if it involves:

• Creating, reproducing, or distributing any obscene material featuring a minor
• Promoting or agreeing to distribute, sell, or display such material
• Being involved in developing, directing, or producing an obscene performance with a minor
• Publicizing or participating in the presentation of an obscene performance with a minor
• Importing or helping to import obscene content involving a minor into Pennsylvania

It is important to understand that not knowing a victim’s age is not a valid defense, even if the accused was deceived about the victim’s age. Discussing your case with a Mercer DUI lawyer is advisable.

Defense Strategies Against Pandering Obscenity Allegations in Mercer

If represented by a Mercer criminal lawyer from our team, we can utilize several strategies to fight allegations of pandering obscene material involving a minor:

Challenging the Obscenity of the Material

A clear line exists between content that is merely provocative and content that is legally obscene. The prosecution must provide evidence showing the material meets the specific criteria for obscenity as defined by Pennsylvania law.

Arguing the Statute of Limitations Has Expired

In Pennsylvania, there is a specific time limit for filing charges of pandering obscene material with a minor. If this deadline is missed, the prosecution cannot pursue the case, which could lead to the charges being dismissed.

Proving a Legitimate Purpose for the Content

Pennsylvania law on pandering obscenity requires that the content was not meant for sexual arousal but served a legitimate purpose. Examples include its use in scientific research or medical investigations. Consulting a Mercer DUI lawyer can help determine if this applies to your case.

Remember, these are just a few possible defenses. Other personalized strategies may be more suitable for your unique legal situation.

Additional Resources for Understanding Pandering Obscenity of a Minor in Pennsylvania

Pennsylvania Consolidated Statutes Title 18 § 5903

Overview
Chapter 5903 of the Pennsylvania Consolidated Statutes details the state’s laws regarding the pandering of obscenity involving a minor. It provides a thorough description of the actions that constitute this offense and outlines what defenses are permissible under Pennsylvania law.

“Obscenity Law in Pennsylvania”

Historical Context and Evolution
This detailed document, often referenced by legal scholars, examines the history of obscenity laws in Pennsylvania. It explains how these laws have changed over time and highlights significant cases that have shaped sex crime legislation in the state. A Mercer criminal lawyer from our team can provide more context.

Miller v. California

Case Summary: The landmark 1973 U.S. Supreme Court case Miller v. California established the three-prong “Miller test” to determine obscenity. The court ruled that for material to be obscene, it must:

1. Appeal to the “prurient interest in sex” according to an average person applying contemporary community standards.
2. Depict or describe, in a patently offensive way, sexual conduct specifically defined by the applicable state law.
3. Lack serious literary, artistic, political, or scientific value.

Stanley v. Georgia

Case Summary: The 1969 Supreme Court case Stanley v. Georgia is another crucial ruling. The Court overturned a conviction for the private possession of obscene materials. Police, searching Robert Eli Stanley’s home for bookmaking activities, found an obscene film. The Supreme Court ruled that the private possession of obscene material cannot be made a crime. This is a key point a Mercer DUI lawyer might use.

Common Questions About Minor-Related Obscenity Offenses in Mercer County

Q: Can I go to jail for pandering obscene material with a minor in Mercer?

A: Yes, a conviction for pandering obscene material with a minor can lead to jail time. The sentence length depends on the specific charges. For possessing or controlling such material, you could face up to 12 months. Repeat offenses may result in up to 18 months, and a second-degree felony conviction could lead to as much as 8 years in prison.

Q: How is pandering obscene material with a minor defined in Pennsylvania?

A: Pennsylvania law defines this offense as activities like producing, advertising, or possessing obscene material that involves a minor with the intent to promote or distribute it. Your Mercer criminal lawyer can provide a detailed explanation.

Q: Is pandering obscene material with a minor a felony in Mercer?

A: Yes, under Pennsylvania law, pandering obscene material with a minor is always a felony. The degree of the felony can change based on the specifics of the case, such as prior offenses.

Q: What defense strategies can be used against a charge of pandering obscene material with a minor in Pennsylvania?

A: Defense strategies will depend on the details of your case. Potential defenses include arguing that the material is not legally obscene or that it was intended for a legitimate purpose, like scientific research or education. A Mercer DUI lawyer can help build the strongest defense.

Mercer Defense Attorneys for Pandering Obscenity of a Minor Charges

Facing charges for pandering obscene material with a minor is a daunting experience with potentially life-altering consequences. In the Mercer area, you need a defender who can advocate for you effectively. It is vital to engage a skilled Mercer criminal lawyer immediately and avoid speaking with law enforcement until you have legal counsel.

At Youngstown Criminal Law Group, our practice is dedicated to criminal defense throughout Pennsylvania. We approach each case with strong resolve and an unwavering commitment to protecting our clients’ rights. We understand the importance of individual attention, and our Mercer criminal lawyers are fully invested in the people we represent. Our main goal is to guide you through the legal system’s complexities. Start building your defense strategy now. Contact us for a free consultation at 412.389.0805.

• Vigorous Defense Representation: Our lawyers provide dynamic defense strategies for these serious charges.
• Commitment to Clients: Every client and case receives our complete focus and dedication.
• Legal Guidance Through Complexities: Mercer DUI lawyers are here to guide you through the intricate legal process.

Free Consultation to Start: Contact us right away for a thorough, no-cost consultation.