Possessing a Sexual Performance by a Child Lawyer in Arlington, VA – What Are Your Defense Options?
Possessing a sexual performance by a child is a serious felony under Virginia law, specifically Va. Code § 18.2-374.1:1, carrying 1 to 5 years in prison per image and mandatory lifetime sex offender registration. If you are facing these charges in Arlington County, you need a dedicated defense lawyer who understands the severe consequences. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Virginia Law on Possessing a Sexual Performance by a Child
In Virginia, the crime of possessing a sexual performance by a child is defined under Va. Code § 18.2-374.1:1. This statute makes it illegal to knowingly possess any film, videotape, visual recording, or other performance that includes a child under 18 years of age engaged in sexually explicit conduct. The law is distinct from simple possession of child pornography, as it specifically criminalizes the possession of a recorded “performance.” A conviction is a Class 6 felony, punishable by 1 to 5 years in prison for each separate item possessed, with sentences potentially running consecutively. Most critically, a conviction mandates lifetime registration as a sex offender under Virginia’s Sex Offender and Crimes Against Minors Registry Act (§ 9.1-900 et seq.). The firm’s founder, a former prosecutor with a background in complex case analysis, brings a critical perspective to building a defense against these charges.
Official Legal Resources
For the official text of the law, refer to Va. Code § 18.2-374.1:1 (official Virginia General Assembly website). Court procedures for these felony charges begin at the Arlington County General District Court for preliminary hearings before potentially moving to Circuit Court.
Arlington County Court Process for Sex Crime Charges
Cases for possessing a sexual performance by a child in Arlington County follow a specific legal path. The Arlington County Commonwealth’s Attorney prosecutes these cases aggressively. All felony sex crime charges, including this one, begin with an arrest and an initial appearance at the Arlington County General District Court located at 1425 N. Courthouse Rd. The court will address bond, which is often denied or set very high for these offenses. A critical stage is the preliminary hearing, where the defense can challenge the sufficiency of the evidence before the case is certified to the Arlington County Circuit Court for trial. Given the complexity of digital evidence, these cases frequently involve forensic computer analysis, and the timeline can be extended while such evidence is processed.
- Arrest and Initial Appearance: You will be taken before a magistrate and then have an initial hearing at Arlington County General District Court to address bond and legal representation.
- Preliminary Hearing: Your defense lawyer can request a hearing to challenge whether there is probable cause for the felony charge to proceed to Circuit Court.
- Grand Jury Indictment: If certified, the case will be presented to a grand jury in Arlington County for a formal indictment.
- Circuit Court Arraignment & Pre-Trial Motions: Your attorney will file motions, often challenging the legality of the search warrant used to seize computers or phones.
- Trial or Negotiation: The case will proceed to a jury trial in Circuit Court or may be resolved through negotiation, with the primary goal often being to avoid a conviction that triggers the sex offender registry.
Potential Penalties in Arlington County
In Arlington County, a conviction for possessing a sexual performance by a child is a Class 6 felony carrying 1 to 5 years in prison per violation and a fine up to $2,500, plus mandatory lifetime sex offender registration.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possessing a Sexual Performance by a Child (Va. Code § 18.2-374.1:1) | Class 6 Felony | 1 – 5 years per image (sentences may run consecutively) | Up to $2,500 | None directly, but registry affects many licenses | Lifetime sex offender registration under § 9.1-901; possible GPS monitoring; loss of professional licenses; housing restrictions. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Sex Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our firm brings over 120 years of combined legal experience to every case. We understand that charges for possessing a sexual performance by a child are among the most serious one can face, given the severe social and legal stigma attached. Our approach involves an immediate, thorough investigation, often working with digital forensic experts to examine the evidence against you. We have a documented record of case results, including achieving dismissals, reductions, and alternative outcomes in sensitive matters. Our criminal charges defense strategy is built on challenging the prosecution’s evidence at every stage, from the search warrant validity to the forensic analysis methods.
Case Results and Client Advocacy
Our firm has a documented history of advocating for clients facing serious allegations. In Arlington County and across Virginia, we work diligently to protect our clients’ futures. While every case is unique, our focus is always on securing the best possible outcome, whether through pre-trial motion practice, negotiation, or trial. For instance, secondary attorney Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases, leveraging his experience in amending Virginia law and his analytical background to dissect the Commonwealth’s evidence.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Arlington Sex Crime Defense Lawyer
Our Arlington location serves clients facing charges at the Arlington County courts. We represent individuals from neighborhoods including Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. If you need a possessing a sexual performance by a child lawyer near Arlington, we are accessible for appointments.
Law Offices Of SRIS, P.C.
Arlington Location — 1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is considered a “sexual performance by a child” in Virginia?
Yes. Under Va. Code § 18.2-374.1:1, it is any film, videotape, visual recording, or other performance that includes a child under 18 engaged in sexually explicit conduct. The key is knowing possession of this recorded material, which is a Class 6 felony with severe penalties including potential prison time and mandatory lifetime sex offender registration.
Do I have to register as a sex offender if convicted?
Yes. A conviction for possessing a sexual performance by a child under Va. Code § 18.2-374.1:1 is a registrable offense. It requires lifetime registration on the Virginia Sex Offender and Crimes Against Minors Registry under § 9.1-901. This is why a primary defense goal is often to avoid a conviction on this specific charge.
Can the police search my computer or phone without a warrant?
It depends. The Fourth Amendment generally requires a warrant. A critical role of your criminal court lawyer is to file a motion to suppress evidence if it was obtained through an illegal search or a warrant that lacked probable cause or particularity. Successfully challenging the search can lead to the evidence being thrown out, which may result in the case being dismissed.
What are the possible defenses to this charge?
Several defenses may apply. Common ones include challenging the legality of the search warrant, arguing a lack of knowledge that the material was on your device, demonstrating that the material does not meet the legal definition, or questioning the forensic methods used to retrieve the data. An experienced defense lawyer will investigate all avenues.
How long does a case like this typically take?
These cases often take 6 months to over a year. The timeline includes the preliminary hearing in General District Court, possible grand jury indictment, pre-trial motions (like challenging evidence), and then either a trial or plea negotiations in Circuit Court. The processing of digital forensic evidence can add significant time to the process.
Internal Links: For more information on related legal matters, see our Virginia Sex Crime Defense hub page, our page for a sex crime defense lawyer in Alexandria, or learn about general criminal defense in Arlington.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
For the full picture beyond Arlington, our page on possessing a sexual performance by a child defense lawyer in Virginia covers the process end to end.