Accomack VA 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 Va. Code § 18.2-374.1:1, carrying 1-5 years in prison per image and mandatory sex offender registration. In Accomack County, these cases are prosecuted aggressively in Circuit Court.
Virginia Law on Possessing a Sexual Performance by a Child
Virginia law criminalizes the possession of any sexually explicit visual material involving a minor under the age of 18. The statute, Va. Code § 18.2-374.1:1, is part of the state’s full child pornography laws. Each individual image or video constitutes a separate felony count. Conviction requires the prosecution to prove you knowingly possessed the material. Defenses often challenge whether the possession was knowing, if the material meets the legal definition, or if law enforcement violated search and seizure protocols during the investigation.
Last verified: April 2026 | Accomack County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-374.1:1 (official Virginia General Assembly). For local court procedures, visit the Accomack County Circuit Court website.
Local Court Process for Sex Crime Charges in Accomack
Sex crime charges in Accomack typically begin with an arrest or indictment. For felony charges like possessing a sexual performance by a child, the case originates in the Accomack County General District Court for a preliminary hearing to determine probable cause. If the judge finds probable cause, the case is certified to the Accomack County Circuit Court for trial. The prosecution will present forensic evidence, which can extend the timeline. A skilled criminal attorney can file pre-trial motions to challenge evidence admissibility.
- Secure legal representation immediately after arrest or learning of an investigation.
- Your defense lawyer will obtain discovery, including forensic reports and search warrants.
- File pre-trial motions to suppress illegally obtained evidence or challenge the charges.
- Negotiate with the Commonwealth’s Attorney for a potential plea agreement, if in your interest.
- Prepare for a Circuit Court jury trial if no acceptable plea offer is made.
- Address sentencing and sex offender registration requirements if convicted.
Potential Penalties for Possessing a Sexual Performance by a Child
In Accomack, possessing a sexual performance by a child is a Class 6 felony punishable by 1 to 5 years in prison per count, with fines up to $2,500, and mandatory lifetime sex offender registration.
| 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 | None | Mandatory lifetime sex offender registration; possible GPS monitoring; professional license revocation. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Sex Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. With over 120 years of combined attorney experience and more than 4,739 documented case results firm-wide, we bring substantial resources to every case. Our approach is direct and focused on the specific details of your situation. We understand the severe, life-altering consequences of a sex crime conviction and work to protect your future.
Case Results and Client Advocacy
Our firm has a documented record of favorable outcomes in sex crime cases across Virginia. While every case is unique, our strategic approach focuses on challenging forensic evidence, negotiating for reduced charges, and, when necessary, vigorously defending clients at trial. Mr. Sris, our firm’s founder and a former prosecutor with a background in information systems, provides valuable consultation on complex digital evidence cases. Results may vary. Prior results do not aim for a similar outcome.
Accomack Sex Crime Defense Lawyer Near You
Our Richmond location serves Accomack and surrounding communities. We are accessible for consultations to discuss your case.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417 | Local: (804) 201-9009
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What does “possessing a sexual performance by a child” mean in Virginia?
It is a felony. It means knowingly possessing any film, videotape, or visual representation that depicts a minor under 18 engaged in sexually explicit conduct, as defined under Va. Code § 18.2-374.1:1.
Can I go to jail for having just one image on my computer?
Yes. Possession of even a single image is a Class 6 felony punishable by 1 to 5 years in prison. Each separate image or video file can be charged as a separate count, with sentences potentially running consecutively.
What are common defenses to these charges?
Common defenses include lack of knowledge, mistaken identity, illegal search and seizure, challenging the age of the depicted individual, and forensic evidence issues. A skilled criminal court lawyer will examine all evidence for constitutional violations.
Is lifetime sex offender registration mandatory?
Yes. A conviction for this felony under Virginia law requires mandatory registration on the Virginia Sex Offender and Crimes Against Minors Registry for life.
Should I talk to the police if they want to question me?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and immediately contact a criminal charges defense lawyer. Anything you say can be used against you.
How can a lawyer help if the evidence seems strong?
An experienced Accomack VA Possessing A Sexual Performance By A Child Lawyer can challenge how evidence was obtained, negotiate for a favorable plea to a lesser charge, or argue for a reduced sentence. They protect your rights at every stage.
Internal Links: For more information, see our Virginia Sex Crimes Lawyer hub page. We also assist clients with related matters like Reckless Driving in Accomack.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific case.
If you want to see how a Accomack case fits into the wider process, our page on possessing a sexual performance by a child lawyer Virginia covers it from start to finish.