The primary Virginia child porn law is 18.2-374.1:1. The Federal child porn laws used primarily to prosecute defendants in Virginia are 18 U.S.C. 2256 & 18 U.S.C 1466A. The Virginia child porn laws are really strict. The penalty for violating the child porn laws in Virginia can result in really lengthy jail sentences. It is vital to have a skilled and experienced Virginia child porn defense attorney if you are being charged with possession, receipt or distribution of child pornography in Virginia.
The main Virginia Child Pornography Law is 18.2-374.1:1 states: Possession of child pornography penalty.
A. Any individual who knowingly possesses any sexually explicit visual material utilizing or having as a subject a individual less than 18 years of age shall be guilty of a Class 6 felony. However, no prosecution for possession of material prohibited by this section shall lie where the prohibited material comes into the possession of the person charged from a law-enforcement officer or law-enforcement agency.
B. The provisions of this section shall not apply to any such material which is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or analysis, librarian, clergyman, attorney, judge, or other individual having a proper interest in the material.
C. All sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age shall be subject to lawful seizure and forfeiture pursuant to 19.2-386.31.
D. Any person convicted of a second or subsequent offense under this section shall be guilty of a Class 5 felony.
Under federal law (18 U.S.C. §2256), child pornography is defined as any visual depiction, which includes any photograph, film, video, picture, or personal computer or pc-generated image or picture, no matter whether created or produced by electronic, mechanical, or other indicates, of sexually explicit conduct, where the production of the visual depiction entails the use of a minor engaging in sexually explicit conduct or the visual depiction is a digital image, pc image, or laptop or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct or the visual depiction has been developed, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
Federal law (18 U.S.C. §1466A) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any type, including a drawing, cartoon, sculpture or painting, that depicts a minor engaging in sexually explicit conduct and is obscene, or depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, such as genital-genital, oral-genital, anal-genital, or oral-anal, whether or not between persons of the identical or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.
Do not delay contacting a skilled Virginia child pornography defense lawyer to defend you.
A SRIS Law Group Virginia lawyer will discuss your distribution of child pornography charges with you and advise you as to your options. A Virginia lawyer from our firm will do his best to help you and obtain the best possible result based on the facts of your case.
Please contact us for help today. A distribution of child pornography charge in Virginia is something you do not want to take lightly.
Article written by A Sris