Pennsylvania Supreme Court Rejects Child Porn Sentencing Enhancements
Pennsylvania's Supreme Court decides that a first-time child pornography conviction is not subject to second-offense punishments even if multiple counts are involved.


July 09, 2010 /24-7PressRelease/ -- The Pennsylvania Supreme Court stopped prosecutors from seeking and judges from imposing harsher sentences than the law called for on defendants convicted in some child pornography cases. The court ruled that prosecutors cannot upgrade the charges in cases involving possession of multiple child pornography images.

An Appeal of a Sentence

The decision came in an appeal by Craig S. Jarowecki of his sentence for a March 2006 conviction on eight counts of possession of child porn. Jarowecki had six photographs and two movies on his computer. At the sentencing, Judge Linda Ludgate agreed to the prosecutor's request to sentence Jarowecki for a first offense for one of the charges and impose harsher second-offense sentences for the remaining seven charges.

The sentence for a first offense ranges from probation to seven years in prison. The sentence for a second offense ranges from probation to 10 years in prison. Jarowecki was sentenced to serve from 37 months to 17 years in prison, to be followed by 20 years of probation.

The Ruling

In its ruling, the high court stated: "A second offense, as used in the criminal statutes, is one that has been committed after conviction for a first offense." The court held that a second offense is subsequent to a first offense; they can't be committed simultaneously.

The Supreme Court noted that if the Pennsylvania legislature had wanted to make punishments for a first offense for possession of child porn more severe, it would have done so. And it could choose to increase penalties in the future, the court stated in its decision. But as the law stands, prosecutors and judges cannot arbitrarily decide that a first offense should be treated as a second offense.

That means that Jarowecki, while guilty of eight counts of possession of child pornography, must be treated by the court as a first offender when he is re-sentenced. Instead of facing a maximum of 17 years in prison, he faces a maximum of seven years.

The Law and You

If you face criminal charges in Pennsylvania, including charges for possession of child pornography, contact a Pennsylvania criminal defense attorney. A criminal defense lawyer can evaluate the facts of your case, explain your legal options and help you protect your rights and freedom.

Further Related Resources:


Press Release Contact Information:

Findlaw PR