Bedford 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 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.
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 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, and sentences can be ordered to run consecutively. Most critically, a conviction triggers mandatory lifetime registration as a sex offender under Va. Code § 9.1-901.
Last verified: April 2026 | Bedford County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, refer to the official Va. Code § 18.2-374.1:1 (official Virginia General Assembly). Court procedures and filing information for Bedford County can be found on the Bedford County General District Court website.
Defense Strategy in Bedford County Court
Defending against these charges requires immediate action to challenge the prosecution’s evidence. In Bedford County, cases begin in General District Court for a preliminary hearing before moving to Circuit Court for trial. The Commonwealth’s Attorney aggressively pursues these charges. A key local procedural fact is that forensic analysis of digital devices by the state can take months, but this time can be used by your defense lawyer to file pre-trial motions to suppress illegally obtained evidence or challenge the validity of the search warrant. The prosecution must prove you knowingly possessed the material, which is a common point of legal challenge.
- Secure Immediate Legal Representation: Do not speak to investigators. Contact a defense lawyer experienced in Virginia sex crime statutes.
- Case Assessment & Investigation: Your attorney will review the search warrant, seizure methods, and forensic reports for constitutional violations.
- Preliminary Hearing Strategy: At the Bedford County General District Court hearing, your lawyer can challenge the probable cause for the charge.
- Pre-Trial Motions: File motions to suppress evidence obtained through an invalid warrant or illegal search.
- Trial or Negotiation: Prepare a strong defense for Circuit Court trial or negotiate for a reduced charge that avoids sex offender registry requirements.
- Sentencing Mitigation: If convicted, present mitigating evidence to argue for minimal incarceration and alternative sentencing.
Potential Penalties for a Conviction
In Bedford County, a conviction for possessing a sexual performance by a child carries severe, life-altering penalties including lengthy prison terms and mandatory lifetime registration as a sex offender.
| 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 to 5 years per image (sentences may run consecutively) | Up to $2,500 | None | Mandatory lifetime sex offender registration; GPS monitoring possible; loss of professional licenses; housing restrictions. |
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 have a documented record of handling complex sex crime defenses, including charges for possessing a sexual performance by a child. Our approach is direct and focused on the specific details of your case and the procedures of the Bedford County courts. We understand that the primary goal in these cases is often to avoid the irreversible consequence of lifetime sex offender registration.
Our Approach to Your Case
When you hire our firm, you get a defense team that includes Matthew Greene and firm founder Mr. Sris, a former prosecutor with a background in accounting and information systems that is advantageous for cases involving digital evidence. We have a documented history of achieving favorable results for clients. In Bedford County sex crime cases, we have secured outcomes including reduced charges and case resolutions that protected our clients’ futures. Every case is unique, and we develop a strategy based on the specific facts and evidence against you.
Results may vary. Prior results do not aim for a similar outcome.
Bedford County Sex Crime Defense Lawyer Near You
Our Shenandoah/Woodstock location serves clients facing charges in Bedford County courts. We are accessible via Route 460, Route 122, Route 221, and Route 24. If you need a possessing a sexual performance by a child lawyer near Bedford, Forest, or Smith Mountain Lake, we can help.
Law Offices Of SRIS, P.C.
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions (FAQs)
What is the penalty for a sex crime in Bedford County, Virginia?
Penalties are severe. For possessing a sexual performance by a child, it is a Class 6 felony with 1 to 5 years in prison per image and mandatory lifetime sex offender registration.
Do I have to register as a sex offender in Bedford County, Virginia?
Yes. Most felony sex crime convictions, including under Va. Code § 18.2-374.1:1, require lifetime registration. A primary defense goal is to avoid a conviction that triggers this requirement.
How long does a sex crime case take in Bedford County, Virginia?
It depends on the complexity. Cases typically take 3 to 12 months from arrest to trial. Timelines can extend due to forensic analysis of digital evidence, which is common in these charges.
What should I do if charged with a sex crime in Bedford County?
Contact a criminal charges defense attorney immediately. Do not speak to law enforcement. Call Law Offices Of SRIS, P.C. at (888) 437-7747 for a confidential consultation.
What is the difference between possession of child pornography and possessing a sexual performance by a child?
Virginia law makes a distinction. Possessing a sexual performance by a child (Va. Code § 18.2-374.1:1) specifically involves a recorded performance, such as a video or film. The penalties and classification are similar, but the statutory definitions differ.
Can I get bail if charged with this crime in Bedford County?
It depends. For serious sex offenses, the court may deny bond or set a very high secured bond. A criminal court lawyer can argue for reasonable bail conditions at your bond hearing in Bedford County General District Court.
Related Legal Information
If you are facing other charges, our firm also handles general criminal defense in Bedford County, DUI/DWI cases, and family law matters. For more information on Virginia sex crime defense, visit our statewide sex crimes defense hub. We also assist clients in nearby jurisdictions like Shenandoah County and Augusta County.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
If you want to see how a Bedford case fits into the wider process, our page on possessing a sexual performance by a child lawyer Virginia covers it from start to finish.