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The internet has become pervasive in people’s lives in ways good and bad. Unfortunately, the bad includes online sexual abuse and cybersex crimes that can have devastating effects on people’s lives. Today, there is more legal recognition of certain online activities as harmful and illegal. Here’s what you need to know.
How Are Online Sexual Abuse and Cybersex Crimes Defined?
There are many types of online sexual abuse and cybersex crimes, including but not limited to the following.
- Revenge porn/nonconsensual pornography. This involves someone sharing sexual images or videos that were taken with the other party’s consent, but consent wasn’t given to share them with others. The term “revenge porn” refers to someone sharing these without consent to cause the other party harm.
- Performing sexual acts or sharing pornographic images on video meetings without the consent of everyone involved or at an inappropriate time (such as during a work meeting).
- Installing hidden cameras with the goal of seeing people unclothed without their permission (such as in a clothing retailer’s dressing room or a tanning salon).
- Upskirting, which is the act of taking photos or videos beneath someone else’s clothing without their permission.
- Communications are sent to someone who doesn’t want them regarding sexual activity or hate-based comments regarding their gender identity or sexual orientation.
- Requesting nude photos, videos, or sexual acts performed on live video to people who don’t want them, whether the person is known to the requester or not.
- Sending unrequested and unwanted sexual photos or videos to others, whether the sender knows them or not.
- Any act that grooms children to engage in any type of sexual behavior online, including grooming them online to perform sexually offline.
Suppose you or someone you know has experienced one of these situations or another incident that may fit the category of online sexual abuse or cybersex crime. In that case, it’s highly recommended that you contact an experienced sexual abuse attorney.
What Are the Laws Against These Types of Crimes?
Both the state of Pennsylvania and the federal government have implemented laws meant to crack down on these types of cyber crimes. When the acts involve adults, one of the key factors is whether or not the person on the receiving end of the cyber communication consented to receive it or if anyone involved in the photos or videos consented to be filmed or to have those images or videos shared with others. Two consenting adults are allowed to engage in these behaviors. But if one or the other doesn’t consent, it may be a crime.
However, if a minor is involved, there are sharp differences. See below for more information.
The consequences vary based on several factors, including whether or not this was a first conviction and if minors were involved. In general, being convicted of an online sex crime in Pennsylvania can lead to jail time, fines that can reach thousands of dollars, and the possibility of the convicted person having to register as a sex offender.
What Is the Age of Consent in Pennsylvania?
The age of consent is a legal term that specifies when someone is old enough to give their consent for sexual activity without potentially engaging in or involving someone else in a crime. As noted above, adults have the right to consent to sexual activity. But those below the age of consent don’t have those same rights, meaning even if they agree, for example, to pose for a nude photo, it’s still illegal because they weren’t of age.
In Pennsylvania:
- Children 12 and under cannot consent to any form of sexual activity.
- Children 13-15 cannot consent to sexual activity with anyone four or more years older than they are.
- People 16 and older can legally consent to sexual activity. However, if there is a power dynamic such as the adult being a teacher, coach, counselor, camp volunteer or any volunteer within a child serving organization there cannot be consent.
What Is Megan’s Law?
Megan’s Law was named after a child who was lured into a home by a sexual offender under the guise of seeing a puppy. The offender, who was previously twice convicted of pedophilia, then raped and murdered her. Megan’s grieving parents noted that if they’d known the new neighbor had that kind of criminal background, they wouldn’t have allowed her to roam freely.
Subsequently, laws in her name became enacted in numerous states, including Pennsylvania, that work to accomplish the following:
- Identify sexual offenders who are predators (actively seek out victims and repeat the behavior) and allow courts to sentence them to be registrants on sexual offender registries and through police departments, sometimes for the rest of their lives.
- Notify local communities when registered offenders plan to move into their neighborhoods.
- A later amendment allowed all registered sexual offender information to be available publicly on the internet.
If you have a minor in your life that you worry has been subjected to online sexual abuse or cybersex crimes, contact us as soon as possible.
What Should I Do if I or a Loved One Has Been the Victim of Online Sexual Abuse or Cybersex Crimes?
Call Andreozzi + Foote at 866-311-8640 for a free, confidential consultation. We understand just how difficult and traumatic this has been for you. Our firm focuses on helping victims pursue civil actions to help them recover and move forward with their lives. We know how stressful even talking about what’s happened can be, and our team of experienced, knowledgeable attorneys prioritizes confidentiality and our clients’ wellbeing. We want what’s best for you and will work toward the best possible outcomes.
