Smart Phone, Teens & Texts- How one bad text could make you a sex offender

Our criminal defense law firm represents individuals charged with a variety of offenses in Pennsylvania and New Jersey. We frequently must represent young persons charged with crimes that involve the illegal possession of drugs, narcotics, guns, and firearms. Despite their age, these individuals face serious criminal penalties which include the possibility of state prison followed by probation or parole along with a potential life-long criminal record.

When most parents speak to their children or young adults about the justice system they often focus on these types of offenses. While I agree with this type of advice and counsel, parents often overlook the dangers and consequences associated with the technology that their children use every day. The internet, smart phones, and websites like YouTube, Tik Tok, Instagram, Facebook, and other social media platforms are not going away, they will likely continue to evolve and technology which used to confine people to personal computers and laptops is now available practically anywhere at any time.

It isn’t unusual for children as young as 8 or 9 to have smart phones and most teens have at least 1 social media account which allows them to interact with others all over the world! This technology is great, but it also comes with potential consequences which can sometimes follow a young person their entire life.

Our criminal defense law firm with offices in Pennsylvania and New Jersey, has represented individuals charged with crimes such as child pornography, the dissemination of photos, criminal use of a communication facility (smart phone used to commit crimes), the unlawful dissemination of intimate images, and even cyber stalking and harassment.

What type of crimes are associated with Smart Phone, Smart Devices, and Social Media Accounts?

In Pennsylvania, any person who intentionally views or knowingly possesses a photograph or image of a child under the age of 18 engaging in a prohibited sexual act or the simulation of such an act commits a felony of the 3^rd degree under Section 6312(d) and the dissemination of such images to another (through texts, email or social media) under 6312(c) is also a felony offense in Pennsylvania and New Jersey. A second offenses or subsequent offense raises the gradation to a felony to a 2^nd degree. If a cell phone or some other smart device is used to transmit or possess these images, the prosecution can also bring the crime of criminal use of a communication facility which is a felony of the 3^rd degree. There is no obligation for the court, upon conviction, to run sentences concurrently (at the same time).

What if person sending the images was just doing it as a joke or prank?

Our law firm frequently encounters these types of charges where teens and young adults engage in what appears to be some type of prank, bet, or dare. The intent, however, of the actor is irrelevant for the purposes of these charges. Intent becomes relevant in situations where the prosecution attempts to prove additional crimes associated with these actions such as stalking, (a misdemeanor of the 1^st degree and/or harassment).

What other potential crimes are associated with Smart Devices and Phones?

Stalking under Section 2709 is committed when a person engages in a course of conduct with the intent to place another person in fear of bodily injury or cause substantial emotional distress. The dissemination of intimate photos will fall within this category. In most situations it is not a felony offenses but it can constitute a felony for a 2^nd or subsequent act.

Charges or criminal allegations such as harassment and stalking do not need to involve actual physical contact or need the defendant’s actual presence in the victim’s immediate area.

The prosecution can establish guilt beyond a reasonable doubt for such charges through social media postings, text messages, and emails. While a crime like harassment under Section 2709 can involve actual physical contact, it is not required!  The prosecution is only required to prove a course of conduct which serves no legitimate purpose other than to harass, annoy, or alarms someone else.

Sex Offender Registration

If your child is charged with any of these offenses, it is important that you contact a criminal defense attorney to discuss options. In addition to a criminal conviction and life long convicted felon status, a criminal defendant also faces the requirement to register under the Sexual Offender Registration & Notification Act (SORNA; Megan’s Law before 2012 now the “Adam Walsh Act”). If the person does not register under the act the failure to do so is a felony offense in and of itself under Section 4915.1.

Crimes like child pornography and the dissemination of intimate photographs or images require a 15-year registration (Tier 1 offenses) while more serious offenses like sexual assault, prostitution, sex trafficking require a 25-year registration. Finally, some crimes, such as rape, kidnapping, certain sexual assault, require a lifetime registration. 

Contact Our Criminal Defense Lawyers in PA & NJ  

Please click here to contact our Philadelphia criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey,  Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas. 

Here is list all Pennsylvania sex crimes and their registration requirement

1. Tier I Offenders are subject to a 15-year Registration

Tier I Offenses include:

• Unlawful Restraint (18 Pa.C.S. § 2902(b))
• False Imprisonment (18 Pa.C.S. § 2903(b))
• Interference with the Custody of Children (18 Pa.C.S. § 2904)
• Luring of a Child (18 Pa.C.S. § 2910)
• Institutional Sexual Assault (18 Pa.C.S. § 3124.2(a))
• Indecent Assault (18 Pa.C.S. § 3126(a)(1))
• Corruption of Minors (18 Pa.C.S. § 6301(a)(1)(ii))
• Sexual Abuse of Children (18 Pa.C.S. § 6312(d))
• Invasion of Privacy (18 Pa.C.S. § 7507.1)
• Video Voyeurism (18 U.S.C. § 1801)
• Sexual Exploitation of Minors 18 U.S.C. § 2252 (relating to certain activities
• relating to material involving the sexual exploitation of minors).
• Material Relating to Child Pronography (18 U.S.C. § 2252A)
• Misleading Domain Names on the Internet (18 U.S.C. § 2252B)
• Misleading Words or Images on the Internet (18 U.S.C. § 2252C)
• Coercion and Enticement (18 U.S.C. § 2422(a))
• Transportation of Minors With Intent to Engage in Sexual Activity (18 U.S.C. § 2423(b))
• Engaging in Illicit Sexual Conduct With Minors in Foreign Places (18 U.S.C. § 2423(c))
• Filing Factual Statement About An Alien Individual (18 U.S.C. § 2424)
• Use of Interstate Facilities to Transmit Information About a Minor (18 U.S.C. § 2425)
• Offenders convicted of an attempt, conspiracy, or solicitation to commit any of the offenses listed above
• Offenders convicted in jurisdictions outside the Commonwealth of an equivalent offense listed under Tier I and the offender:
  • Resides in the Commonwealth; or
  • Is employed or carries on a vocation in the Commonwealth; or
  • Is a student in the Commonwealth.

2. Tier II Offenders are subject to a 25-year Registration

Tier II Offenses include:

• Statutory Sexual Assault (18 Pa.C.S. § 3122.1(a)(2))(1.1); 18 Pa.C.S. § 3124.2(a.2) and (a.3); (1.2) 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8). )
• Prostitution (18 Pa.C.S. § 5902(b.1))
• Obscene and Other Sexual Materials and Performances (18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6))
• Sexual Abuse of a Minor (18 Pa.C.S. § 6312(b) and (c).
• Unlawful Contact with a Minor  (18 Pa.C.S. § 6318)
• Exploitation of Children (18 Pa.C.S. § 6320)
• Sex Trafficking of Children by Force, Fraud, or Coercion (18 U.S.C. § 1591)
• Sexual Abuse of a Minor (18 U.S.C. § 2243)
• Abusive Sexual Contact 18 U.S.C. § 2244)
• Sexual Exploitation of Children (18 U.S.C. § 2251)
• Buying or Selling of Children (18 U.S.C. § 2251A)
• Certain activities relating to material involving the sexual exploitation of minors (18 U.S.C. § 2252)
• Production of sexually explicit depictions of a minor for importation into the United States (18 U.S.C. § 2260)
• Transportation of a Person With Intent to Have Them Perform Illegal Sexual Activity (18 U.S.C. § 2421)
• Coercing a Person to Travel With Intent to Have Them Perform Illegal Sexual Activity (18 U.S.C. § 2422(b))
• Transportation of a Minor With Intent to Have Them Perform Illegal Sexual Activity (18 U.S.C. § 2423(a))
• Offenders convicted of an attempt, conspiracy, or solicitation to commit any of the offenses listed above
• Offenders convicted in jurisdictions outside the Commonwealth of an equivalent offense listed under Tier II and the offender:
  • Resides in the Commonwealth; or
  • Is employed or carries on a vocation in the Commonwealth; or
  • Is a student in the Commonwealth.

3. Tier III Offenders are subject to a Lifetime Registration

 Tier III Offenses include:

• Kidnapping (18 Pa.C.S. § 2901(a.1))
• Rape (18 Pa.C.S. § 3121)
• Statutory Sexual Assault  (Minor is under the age of 16, the Defendant is 11 or more years older than the Minor and the Minor and Defendant are not married) (18 Pa.C.S. § 3122.1(b))
• Involuntary Deviate Sexual Intercourse (18 Pa.C.S. § 3123)
• Sexual Assault (18 Pa.C.S. § 3124.1)
• Institutional Sexual Assault (18 Pa.C.S. § 3124.2(a.1))
• Aggravated Indecent Assault (18 Pa.C.S. § 3125)
• Indecent Assault of a Person Under 13 Years of Age (18 Pa.C.S. § 3126(a)(7))
• Incest (18 Pa.C.S. § 4302(b))
• Aggravated Sexual Abuse (18 U.S.C. § 2241)
• Sexual Abuse(18 U.S.C. § 2242)
• Offenders convicted of an attempt, conspiracy, or solicitation to commit any of the offenses listed above
• An offense listed as a Tier II sexual offense where there is a subsequent conviction for an offense graded as a felony
• Two or more convictions for offenses listed in Tier I or Tier II
• Offenders convicted in jurisdictions outside the Commonwealth of an equivalent offense listed under Tier III and the offender:
  • Resides in the Commonwealth; or
  • Is employed or carries on a vocation in the Commonwealth; or
  • Is a student in the Commonwealth.

What are the Sex Offender Registration Requirements for people who were convicted after December 20, 2012?

• Tier I Offenders (15-Year Registrants) must register in person annually.
• Tier II Offenders (25-Year Registrants) must register in person every six months.
• Tier III Offenders (Lifetime Registrants) and Sexually Violent Predators must register in person every three months.
• Transients (individuals who do not have a permanent address) must register in person every month.
• Registered Sex Offenders are still required to report in person within three business days if there is a change in address, phone number, employment, educational status, etc.

What are the Sex Offender Registration Requirements for people who were convicted before December 20, 2012?

• Ten year Registrants:
  • Offenders who are convicted of one of the following offenses:Offenders convicted of an attempt to commit any of the offenses listed above
    • Kidnapping, where the victim is a minor (18 Pa. C.S.A. Section 2901)
    • Luring a Child into a Motor Vehicle (18 Pa. C.S.A. Section 2910)
    • Institutional Sexual Assault (18 Pa. C.S.A. Section 3124.2)
    • Indecent Assault where the offense is graded as a misdemeanor of the first degree or higher (18 Pa. C.S.A. Section 3126)
    • Incest, where the victim is 12 years of age or older but under 18 years of age (18 Pa. C.S.A. Section 4302)
    • Prostitution and related offenses, where the actor promotes the prostitution of a minor (18 Pa. C.S.A. Section 5902[b])
    • Obscene and other sexual materials and performances, where the victim is a minor (18 Pa. C.S.A. Section 5903[a] [3], [4], [5], or [6])
    • Sexual abuse of children (18 Pa. C.S.A. Section 6312)
    • Unlawful contact with minor (18 Pa. C.S.A. Section 6318)
    • Sexual exploitation of children (18 Pa. C.S.A. Section 6320)
  • Offenders convicted in jurisdictions outside the Commonwealth of an equivalent offense listed under the 10-year registration and the offender:
    • Resides in the Commonwealth; or
    • Is employed or carries on a vocation in the Commonwealth; or
    • Is a student in the Commonwealth.

Note: Offenders convicted in other jurisdictions are subject to a period of registration equal to that of their jurisdiction of origin, but in no case will the registration period be less than ten years.  In other words, if the other jurisdiction has a period longer than Pennsylvania’s, the offender must register for the longer period.  In the period in the other jurisdiction is less than ten years, the offender must register for ten years.

• Offenders paroled after the effective date of the statute for any of the offenses under the 10-year registration.
• Lifetime Registrants:
  • Offenders with two or more convictions of any of the offenses set forth under the 10-year registration.  These offenses include:Offenders designated by the court as Sexually Violent Predators
    • Rape (18 Pa. C.S.A. Section 3121)
    • Involuntary Deviate Sexual Intercourse (18 Pa. C.S.A. Section 3123)
    • Sexual Assault (18 Pa. C.S.A. Section 3124.1)
    • Aggravated Indecent Assault (18 Pa. C.S.A. Section 3125)
    • Incest, where the victim is under 12 years of age (18 Pa. C.S.A. Section 4302)
  • Offenders being released from a state or county correctional facility for any of the offenses under lifetime registration
  • Offenders convicted in jurisdictions outside the Commonwealth of an equivalent offense listed under lifetime registration and the offender: Offenders paroled after the effective date of the statute for any of the offenses under lifetime registration.
    • Resides in the Commonwealth; or
    • Is employed or carries on a vocation in the Commonwealth; or
    • Is a student in the Commonwealth.