Albemarle VA Promoting A Sexual Performance By A Child Lawyer — What Are Your Defense Options?
Promoting a sexual performance by a child is a Class 5 felony under Va. Code § 18.2-374.3, carrying 1-10 years in prison and mandatory sex offender registration. In Albemarle County, these cases are prosecuted aggressively by the Commonwealth’s Attorney and heard at the Albemarle County Circuit Court. Law Offices Of SRIS, P.C.
If you are under investigation or have been charged with promoting a sexual performance by a child in Albemarle County, you need a defense lawyer who understands the severe consequences and the local court procedures. This charge is treated with extreme seriousness, and a conviction carries lifelong penalties beyond incarceration.
Virginia Law on Promoting a Sexual Performance by a Child
The crime of promoting a sexual performance by a child is defined under Virginia Code § 18.2-374.3. A person is guilty if, knowing the character and content thereof, they produce, advertise, finance, distribute, or solicit any material that includes a sexual performance by a child. A “sexual performance” means any performance that includes sexual conduct by a child under 18 years old. This statute is part of Virginia’s full framework to combat child exploitation.
Last verified: April 2026 | Albemarle County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to the official Va. Code § 18.2-374.3 (official Virginia General Assembly). Court procedures and filings for Albemarle County are handled through the 16th Judicial Circuit Court website.
Local Court Process for Sex Crime Charges in Albemarle
Felony sex crime charges, including promoting a sexual performance by a child, begin with a preliminary hearing at the Albemarle County General District Court. The case will then be bound over to the Albemarle County Circuit Court for trial. The Commonwealth’s Attorney for Albemarle County prosecutes these cases, often using digital forensic evidence. A strong defense requires immediate action to challenge the prosecution’s evidence and explore all procedural options.
- Secure legal representation immediately after arrest or upon learning of an investigation.
- Your lawyer will file for a bond hearing and argue for your release pending trial.
- Your defense team will review all discovery, including digital evidence, and file pre-trial motions to suppress evidence if constitutional violations occurred.
- Attend the preliminary hearing in General District Court, where your lawyer can challenge probable cause.
- If the case proceeds, prepare for Circuit Court proceedings, which may involve negotiating a resolution or proceeding to trial.
Potential Penalties for Promoting a Sexual Performance by a Child
In Albemarle County, promoting a sexual performance by a child is a Class 5 felony punishable by 1 to 10 years in prison, or at the discretion of the jury, up to 12 months in jail and a fine of up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Promoting a Sexual Performance by a Child (Va. Code § 18.2-374.3) | Class 5 Felony | 1-10 years in prison (or up to 12 months in jail) | Up to $2,500 | None | Mandatory lifetime sex offender registration under Va. Code § 9.1-901; possible GPS monitoring; severe impact on employment, housing, and family rights. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm has a documented record of favorable outcomes in complex criminal matters. We understand that a charge of promoting a sexual performance by a child is devastating, and we provide a focused, strategic defense aimed at protecting your future and your rights.
Our Approach to Your Case
Our defense strategy begins with a meticulous review of all evidence, particularly the digital forensics report. We scrutinize the methods used by law enforcement to obtain evidence, challenging any violations of your Fourth Amendment rights against unlawful search and seizure. We also examine whether the material in question meets the strict legal definition under the statute. In complex cases, we work with independent digital forensic experts to contest the prosecution’s findings. Firm founder Mr. Sris provides strategic oversight on all serious felony matters, ensuring every avenue for a favorable resolution is pursued.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Albemarle County Sex Crime Defense Lawyer
Our Richmond location serves clients facing charges in Albemarle County courts. We are accessible via I-64 and Route 29. We provide representation for individuals in Charlottesville, Crozet, Earlysville, Ivy, and North Garden.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Albemarle VA Promoting A Sexual Performance By A Child Charges
What does “promoting” mean under this law?
Yes. Under Va. Code § 18.2-374.3, “promoting” includes producing, advertising, financing, distributing, or soliciting any material that contains a sexual performance by a child. Simply possessing such material may be charged under a different statute, like possession of child pornography.
Is this charge a felony in Virginia?
Yes. Promoting a sexual performance by a child is a Class 5 felony in Virginia. A conviction carries a prison sentence of 1 to 10 years, or up to 12 months in jail, and a fine of up to $2,500.
Will I have to register as a sex offender if convicted?
It depends on the final conviction. A conviction under § 18.2-374.3 typically triggers mandatory lifetime registration as a sex offender under Virginia law. A primary goal of your criminal charges defense is often to negotiate a reduction to a charge that does not carry this requirement.
What should I do if I am under investigation?
Contact a criminal court lawyer immediately. Do not speak to law enforcement without an attorney present. An experienced defense lawyer can intervene early, potentially before charges are formally filed, to protect your rights and influence the direction of the investigation.
Can digital evidence be challenged?
Yes. A key part of the defense involves challenging how digital evidence was obtained, stored, and analyzed. If law enforcement violated search and seizure protocols or if the forensic analysis is flawed, your attorney can file motions to have the evidence suppressed, which can severely weaken the prosecution’s case.
Related Legal Information
If you are facing these serious charges, you need dedicated counsel. For more information on sex crime defense in Virginia, visit our Virginia Sex Crime Defense hub. We also assist clients in nearby jurisdictions like Henrico County and Chesterfield County. For other legal needs in Albemarle County, see our pages on criminal defense and DUI defense.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
The same rules apply outside Albemarle, and our page on promoting a sexual performance by a child charges across Virginia walks through each stage.