Federal Possession Child Pornography Virginia Attorneys Sexually Visual Material 18.2-374.1:1
Charles v Commonwealth
Defendant was charged with four counts of knowingly possessing sexually explicit visual material which utilized or had as a subject a person less than 18 years of age, in violation of former Va. Code Ann. § 18.2-374.1:1. Trial was to the court. The issue was whether he “reached out for and controlled” the images at issue. His Internet searches, which included the terms “Lolitas,” (commonly used in the search for child pornography), “pedophelia,” and “pre-teen pictures,” along with his knowing possession of another child pornography image that had to be manually downloaded, showed that he reached out for these images with the intent to control and have dominion over them. The defendant has previous federal convictions.
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The Virginia Court made the following holding:
- “Sexually explicit visual material” is defined as a picture, photograph, drawing, sculpture, motion picture film, digital image or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in Va. Code Ann. § 18.2-390, or a book, magazine or pamphlet which contains such a visual representation. Va. Code Ann. § 18.2-374.1(A) (2002).
- The general rule in Virginia is that when interpreting a statute, a court examines the plain language of its provisions in their entirety, rather than by isolating particular words or phrases, and gives such language its ordinary and usually accepted meaning.
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Article written by A Sris
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.