Very serious sex crimes in the state of Pennsylvania is the charge of Sexual Exploitation of children. Under the Pennsylvania statute, a person can be charged with this sex crime, sexually explicit pictures of juveniles  if the government has probable cause to believe that a person obtains a child who is under 18 years of age for another for the purpose of sexual exploitation. The key portion of this statute, is the statute’s definition of sexual exploitation.

Under the statute, sexual exploitation is defined as

1) Actual or simulated sexual activity or 2) nudity arranged for the purpose of sexual stimulation or gratification of any person. What the term sexual exploitation appears to mean under this very vague statute is when a child is obtained by a person and put in any position simulating sexual activity or is in the nude for the purpose of sexually stimulating someone else then the child has been sexually exploited.

The application of this statute seems to be in prosecution of people that are making pornographic videos or pornographic pictures child pornography  that are sexually exploiting children. Question raised by this application are trying to figure out

a) Whether a child that is in the nude was put in the nude for the purpose of sexually stimulating someone else. &

b) does a child have to be completely nude in order to be consider “nude” under this statute.

As previously stated, the charge of Sexual Exploitation of Children is a very serious charge. The charge is graded a felony of the second degree and punishable by up to ten years in state prison and a $20,000 fine. If you are being investigated or if you have been charged with committing this crime, then you should contact an experienced Chester County Sex Crimes attorney immediately.