Augusta VA Sexual Performance Using A Minor Lawyer — What Are Your Defense Options?
Sexual performance using a minor is a serious felony under Virginia law, specifically Va. Code § 18.2-370.3, carrying severe penalties including mandatory prison time and lifetime sex offender registration. In Augusta County, these cases are prosecuted aggressively in Circuit Court.
Virginia Law on Sexual Performance Using a Minor
In Virginia, the crime of sexual performance using a minor is defined by statute. Va. Code § 18.2-370.3 makes it unlawful for any person to use, persuade, induce, entice, or coerce a minor to engage in a sexual performance for the purpose of producing any visual material depicting that performance. A “sexual performance” is one in which the minor engages in sexual conduct, whether actual or simulated. The law is designed to protect minors from exploitation and carries some of the harshest penalties in the Virginia criminal code.
Last verified: April 2026 | Augusta County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, refer to the official Va. Code § 18.2-370.3 (official Virginia General Assembly). Court proceedings for these felonies are held at the Augusta County Circuit Court.
Local Court Process and Defense Strategy in Augusta County
Felony charges for sexual performance using a minor begin with a preliminary hearing in Augusta County General District Court to determine probable cause. The case then proceeds to indictment and trial in Augusta County Circuit Court. These cases often involve complex digital evidence, such as computers, phones, and internet records, which require specialized forensic analysis. The Commonwealth’s Attorney for Augusta County pursues these charges vigorously, making early and strategic intervention by a skilled defense lawyer critical.
- Arrest and Initial Appearance: You will be arraigned in Augusta County General District Court, where bond conditions are set. Bond is often denied or set very high in these cases.
- Preliminary Hearing: A hearing is held in General District Court within 21-60 days to establish probable cause for the felony charge.
- Circuit Court Indictment: If probable cause is found, the case is sent to a grand jury at Augusta County Circuit Court for indictment.
- Pre-Trial Motions and Discovery: Your defense lawyer will file motions, review all forensic evidence, and challenge the prosecution’s case.
- Trial or Negotiation: The case proceeds to a jury trial in Circuit Court or may be resolved through plea negotiations aimed at reducing charges to avoid mandatory minimums and registration.
- Sentencing and Registration: A conviction triggers mandatory sentencing under Virginia law and lifetime registration as a sex offender under Va. Code § 9.1-901.
Potential Penalties for Sexual Performance Using a Minor in Virginia
In Augusta County, a conviction for sexual performance using a minor under Va. Code § 18.2-370.3 is a Class 4 felony, punishable by 2 to 10 years in prison and a fine of up to $100,000, with a mandatory minimum sentence.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Sexual Performance Using a Minor (Va. Code § 18.2-370.3) | Class 4 Felony | 2-10 years (mandatory minimum applies) | Up to $100,000 | N/A | Lifetime sex offender registration, GPS monitoring possible, permanent criminal record. |
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 by a former prosecutor. Our firm brings over 120 years of combined legal experience to every case. We understand that charges involving minors are uniquely stressful and carry life-altering consequences. Our approach is direct and focused on the specific details of your case, from challenging the legality of evidence searches to negotiating with prosecutors to seek the best possible resolution under difficult circumstances.
Case Results and Client Advocacy
Our firm has a documented record of achieving favorable outcomes for clients facing serious charges. In Augusta County and across Virginia, we work to protect our clients’ rights and futures. Mr. Sris, the firm’s founder and a former prosecutor with a background in complex case strategy, often collaborates with Mr. Greene on intricate sex crime defenses, providing a multi-attorney perspective.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Augusta County Charges
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.
Our Shenandoah/Woodstock location serves clients in Augusta County, providing accessible defense for charges at the Augusta County General District and Circuit Courts in Staunton. We are approximately a 30-minute drive from the courthouse via I-81. If you need an Augusta VA sexual performance using a minor lawyer near Staunton or Waynesboro, we are here to help. We serve communities throughout the area including Fishersville, Stuarts Draft, Verona, and Churchville. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Frequently Asked Questions
What is the penalty for a sex crime in Augusta County, Virginia?
Severe. Rape (§ 18.2-61) carries 5 years to life. Forcible sodomy: 5 years to life. Aggravated sexual battery: 1-20 years. Indecent liberties with a child: 1-5 years. Child pornography: 1-5 years per image. Most convictions require lifetime sex offender registration. Cases are heard at Augusta County General District Court.
Do I have to register as a sex offender in Augusta County, Virginia?
Yes, most felony sex crime convictions in Virginia require lifetime registration under Va. Code § 9.1-901. This involves reporting your address, employment, and vehicle to law enforcement. Failure to register is a separate felony. A primary goal of your criminal charges defense is often to reduce or avoid charges that trigger mandatory registration.
How long does a sex crime case take in Augusta County, Virginia?
It depends. These cases typically take 3-12 months from arrest to trial. A preliminary hearing in General District Court occurs within 21-60 days. A Circuit Court trial can take 3-12 months to schedule. Processing complex forensic evidence like DNA or digital data can extend the timeline by several months.
What should I do if charged with a sex crime in Augusta County?
Contact a criminal attorney immediately. These charges carry severe penalties including mandatory registration. Law Offices Of SRIS, P.C. has former prosecutors with specific defense experience. Call (888) 437-7747 for a confidential consultation by appointment.
What does “sexual performance using a minor” mean in Virginia law?
It is a Class 4 felony defined under Va. Code § 18.2-370.3. It involves using, persuading, or coercing a minor to engage in a sexual performance to produce visual material. A “sexual performance” means the minor engages in actual or simulated sexual conduct. The penalties are severe and include a mandatory prison sentence.
Can a charge for sexual performance using a minor be reduced?
It depends on the evidence. An experienced defense lawyer can negotiate with prosecutors to potentially reduce the charge to a lesser offense that may not carry the same mandatory minimum sentence or lifetime registration requirement. The strength of the prosecution’s evidence and pre-trial motions are key factors.
For more information, see our Virginia sex crime defense hub page. We also assist with related matters like general criminal defense in Augusta County.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding an Augusta VA sexual performance using a minor lawyer.