Augusta County Possessing a Sexual Performance By a Child Lawyer — 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 1-5 years in prison per image and mandatory lifetime sex offender registration. In Augusta County, these cases are prosecuted aggressively in the Augusta County General District Court and Circuit Court.
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, photograph, videotape, or other visual medium that depicts someone under 18 years of age engaged in sexually explicit conduct. The law is part of Virginia’s full framework to combat child exploitation and is prosecuted as a Class 6 felony. The definition of “sexually explicit conduct” is broad and includes actual or simulated sexual acts, bestiality, masturbation, sadomasochistic abuse, or lascivious exhibition of the genitals or pubic area.
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm has a deep understanding of the severe penalties and complex defenses involved in these cases. A conviction requires the prosecution to prove you knowingly possessed the material, which often involves intricate digital forensics.
Official Legal Resources
For the exact language of the law, refer to the official Va. Code § 18.2-374.1:1 (official Virginia General Assembly). Court procedures for Augusta County cases can be found on the Augusta County General District Court website.
Local Court Process and Defense Strategy in Augusta County
Cases for possessing a sexual performance by a child in Augusta County begin with an arrest or indictment. A preliminary hearing is held at the Augusta County General District Court to determine if there is probable cause to send the case to Circuit Court for trial. These cases frequently involve forensic analysis of computers and phones by the Virginia State Police Computer Evidence Recovery Unit (CERU). The Commonwealth’s Attorney for Augusta County pursues these charges vigorously, making an early and strategic defense essential.
- Arrest and Initial Appearance: You will be arraigned in Augusta County General District Court, where charges are formally read.
- Preliminary Hearing: Your defense lawyer can challenge the probable cause for the charges at this hearing, potentially getting the case dismissed.
- Grand Jury Indictment: For felony charges, the case will be presented to a grand jury in the Circuit Court. An indictment moves the case forward.
- Pre-Trial Motions: Your attorney will file motions to suppress illegally obtained evidence or challenge the forensic methods used.
- Trial or Negotiation: The case will either proceed to a jury trial in Augusta County Circuit Court or be resolved through plea negotiations aimed at reducing charges.
- Sentencing and Registration: If convicted, you face prison time and will be required to register as a sex offender for life.
Penalties for Possessing a Sexual Performance By a Child in Augusta County
In Augusta County, possessing a sexual performance by a child is a Class 6 felony punishable by 1 to 5 years in prison per image, a fine up to $2,500, and mandatory lifetime registration as a sex offender.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possessing a Sexual Performance By a Child (per image) | Class 6 Felony | 1 – 5 years | Up to $2,500 | N/A | Lifetime sex offender registration, GPS monitoring possible, loss of professional licenses, firearm rights revoked. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our founder, Mr. Sris, is a former prosecutor who understands the tactics used by the Commonwealth. We have a documented record of case results across Virginia. For sex crime defenses, our team includes attorney Matthew Greene, who brings over 30 years of experience, including a former 14-year contract with Child Protective Services in Alexandria, providing unique insight into these sensitive cases.
Documented Case Results
While every case is unique, our approach is informed by a history of advocating for clients across Virginia. In Augusta County and surrounding jurisdictions, we focus on constructing defenses that challenge the prosecution’s evidence at every stage. We examine the legality of searches, the reliability of forensic reports, and the specific knowledge required for a conviction.
Results may vary. Prior results do not aim for a similar outcome.
Augusta County Sex Crime Defense Lawyer Near You
Our Shenandoah/Woodstock location serves clients in Augusta County who need a possessing a sexual performance by a child lawyer near Staunton or Waynesboro. We represent individuals from communities including Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville. We offer 24/7 phone consultations and meetings by appointment only.
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions
What does “possessing a sexual performance by a child” mean in Virginia?
It is a felony under Va. Code § 18.2-374.1:1. It means knowingly having any film, video, or photograph that shows a person under 18 engaged in sexually explicit conduct. Each image can be a separate charge.
What are the penalties for this charge in Augusta County?
It is a Class 6 felony. Penalties are 1 to 5 years in prison per image, a fine up to $2,500, and mandatory lifetime registration as a sex offender. Sentences can run consecutively for multiple images.
Do I need a criminal attorney if I’m only being investigated?
Yes. Contacting a criminal charges defense lawyer before charges are filed is crucial. An attorney can advise you on your rights during questioning and may be able to influence the investigation’s direction.
What is a common defense to this charge?
A common defense is challenging the “knowing possession” element. This can involve arguing you were unaware of the files, they were placed by someone else, or the search that found them was illegal. A skilled defense lawyer will scrutinize the digital forensic evidence.
Can I avoid the sex offender registry?
Avoiding the registry typically requires having the charge reduced to a non-registerable offense or winning an acquittal at trial. This makes early intervention by a possessing a sexual performance by a child lawyer Augusta VA critical for your defense strategy.
What should I look for in a criminal court lawyer for this case?
Look for a lawyer with specific experience defending against child pornography and sex crime charges, knowledge of digital forensics, and a track record in Augusta County courts. You need an advocate who understands the severe consequences at stake.
If you are under investigation or have been charged, do not wait. The strategies used in the early stages of your case can significantly impact the final outcome. Contact a possessing a sexual performance by a child lawyer Augusta VA at Law Offices Of SRIS, P.C. for a confidential consultation.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
Augusta is one part of a statewide practice, and our page on possessing a sexual performance by a child lawyer Virginia covers the process from start to finish.