Commonwealth v. Baker, 621 Pa. 401

Appellant previously convicted of possession of child pornography (2001), completed intermediate punishment in 2006; in 2007 NCMEC cybertip led to search of his residence and seizure of a computer and DVDs containing numerous images and 29 video clips of children in sexual acts.
Forensic evidence showed sharing of illicit material online; Appellant was charged and convicted by jury of 29 counts of sexual abuse of children — child pornography (18 Pa.C.S. § 6312(d)(1)) and one count of criminal use of a communication facility.
Commonwealth gave notice it would seek the recidivist mandatory minimum under 42 Pa.C.S. § 9718.2; Appellant was adjudicated a Sexually Violent Predator at an SVP hearing.
Trial court imposed concurrent mandatory 25–50 year terms on the child-pornography counts (plus concurrent 1–7 years on the communications count) and lifetime registration; sentencing produced effectively a long indeterminate term with parole possible after the 25-year minimum.
Appellant challenged the 25-year mandatory minimum as grossly disproportionate under the Eighth Amendment and Article I, § 13 of the Pennsylvania Constitution; the Superior Court affirmed and the Pennsylvania Supreme Court granted review.

Issue	Plaintiff's Argument (Baker)	Defendant's Argument (Commonwealth)	Held
Whether 42 Pa.C.S. § 9718.2’s 25-year mandatory minimum for a second possession conviction is grossly disproportionate under the Eighth Amendment / PA Constitution	Baker: Possession is a non-violent, possessory offense with no direct contact; 25 years is tantamount to life and disproportionate (especially compared to mandatory minima for forcible child rape).	Commonwealth: Possession of child pornography perpetuates demand, enables production and grooming, and is a grave, recidivist offense—legislature rationally imposed severe recidivist penalties to protect children.	Court: No inference of gross disproportionality on threshold comparison; statute constitutional under Eighth Amendment; affirmed.

Solem v. Helm, 463 U.S. 277 (U.S. 1983) (articulated three-prong proportionality test for Eighth Amendment review)
Harmelin v. Michigan, 501 U.S. 957 (U.S. 1991) (gross disproportionality standard; Kennedy opinion emphasized threshold comparison)
Rummel v. Estelle, 445 U.S. 263 (U.S. 1980) (upheld life sentence with parole possibility for recidivist nonviolent felonies)
Ewing v. California, 538 U.S. 11 (U.S. 2003) (upheld 25-to-life under three-strikes statute for property offense)
New York v. Ferber, 458 U.S. 747 (U.S. 1982) (child pornography may be proscribed without First Amendment protection because of harms to children)
Osborne v. Ohio, 495 U.S. 103 (U.S. 1990) (upheld laws criminalizing possession of child pornography; recognized supply–demand rationale)
Commonwealth v. Davidson, 595 Pa. 1 (Pa. 2007) (upheld §6312 against vagueness/overbreadth and recognized penalizing possession to reduce production)
Commonwealth v. Spells, 417 Pa.Super. 233 (Pa. Super. 1992) (applied Solem three-part test in Pennsylvania proportionality review)