It's pretty well accepted that pornography is, for the most part, legal to access and view. There are limits to this, of course, but for the purposes of this post, what is being referred to are images or videos of sexually explicit acts between or among consenting adult people.

That said, Pennsylvania law does prohibit the distribution of “obscene” material. “Obscene,” however, is a difficult term to define specifically and dives into questions of Constitutional proportions. But it's worth knowing that under Pennsylvania law, material that is “obscene” may not be shown or otherwise distributed to a minor.

So for this post, assume that the porn being discussed is not obscene under Pennsylvania law but is still sexually explicit. It could include some material viewable on popular online streaming services as well as on websites that are proudly dedicated to delivering pornographic content. In most circumstances, adults are free to view this type of material without fear that doing so violates any laws – provided, of course, that adults are the only ones doing the viewing. When minors are part of the audience, the situation can change significantly.

Minors and Explicit Sexual Materials

Pennsylvania law specifically prohibits the distribution of “explicit sexual materials” to any minor. This includes photos and videos however distributed that depict “nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors.” It also includes sound recordings or written descriptions that include “explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.” Violation is a third-degree felony, second-degree if the defendant has a previous conviction.

Other Pennsylvania Laws Protecting Minors

There are other laws that protect minors in Pennsylvania, and that may be used to prosecute an adult who views pornography in their presence.

Anyone over the age of 18 who “by any act, corrupts or tends to corrupt the morals of any minor less than 18 years of age” can be found guilty of the first-degree misdemeanor crime of “Corruption of minors.” If the minors in question are 16 or older, it is a defense if the adult can prove that they “reasonably believed the minor to be 18 years or older.” If the minors are under the age of 16, however, the defense of mistake as to age is not available.

In some cases, allowing minors to view pornographic materials may be part of a criminal charge of endangering the welfare of children. This applies to a “parent, guardian, or other person supervising the welfare of a child under 18 years of age” where that person “knowingly endangers the welfare of the child by violating a duty of care, protection or support.” The severity of this crime ranges from a first-degree misdemeanor to a third-degree felony, depending on the situation.

Cases where an adult is prosecuted for displaying or watching non-obscene pornography in the presence of a minor often involve other charges as well, such as indecent exposure or child abuse. Because prosecutors and courts will prioritize protecting minors, however, it's not unusual for a prosecution involving mistreatment of minors to include as wide a range of offenses as the facts support.

Don't Face These Kinds of Charges Alone

If you are accused of violating the rights of any minor, whether because you allegedly viewed porn in their presence or for other reasons, you need the help of an experienced criminal defense attorney. This is not a situation where you want to defend yourself against a powerful criminal justice system.

Joseph D. Lento and the Lento Law Firm Criminal Defense Team have years of experience helping Pennsylvanians accused of a wide range of serious crimes, including those involving sexually explicit material, defend their rights. They understand the laws, know how the court system in Pennsylvania works and will help you understand the charges against you and will fight on your behalf to protect your rights.

Call Joseph D. Lento today at 888.535.3686 or use the Lento Law Firm Criminal Defense Team online link to schedule a confidential consultation. You don't want to face this alone!