Possessing A Sexual Performance By A Child Lawyer Virginia — What Are Your Defense Options?
Possessing a sexual performance by a child is a serious felony in Virginia under Va. Code § 18.2-374.1:1, carrying severe penalties including mandatory prison time and lifetime sex offender registration. If you are facing these charges, you need a dedicated defense lawyer from the Law Offices Of SRIS, P.C.
Virginia Law on Possessing a Sexual Performance by a Child
Virginia law aggressively prosecutes crimes involving child exploitation. The specific statute, Va. Code § 18.2-374.1:1, makes it illegal to knowingly possess any sexually explicit visual material involving a minor. A “sexual performance” includes any play, dance, film, or other visual representation where a child is engaged in sexual conduct. The law does not require the material to be obscene; its mere creation with a minor is sufficient for a charge. The age of the child in the material is a critical element of the offense.
Last verified: April 2026 | Virginia Circuit Courts | Virginia General Assembly
Official Legal Resources and Court Information
Understanding the formal charges and procedures is essential. The official statute is published by the Virginia General Assembly. For local court procedures and filing information, you should consult the website for the specific Virginia Court System where your case is pending. A skilled criminal court lawyer will be familiar with both the state law and the local rules that govern your case.
Local Defense Strategy and Court Process
These cases often begin with a search warrant for digital devices. A key local procedural fact is that Virginia prosecutors and law enforcement agencies, including the Virginia State Police’s Cyber Crimes Unit, are highly specialized in digital forensics. The prosecution’s case will heavily rely on this technical evidence. Your defense must start immediately, often with a challenge to the search warrant’s validity or the forensic methods used to extract data.
- Immediate Case Review: Do not speak to investigators. Contact a defense lawyer specializing in sex crimes immediately to protect your rights from the outset.
- Forensic Analysis: Your attorney will secure an independent forensic experienced to examine the devices and challenge the prosecution’s digital evidence chain of custody and findings.
- Motion Practice: File pre-trial motions to suppress evidence obtained from an invalid warrant or to challenge the constitutionality of the search.
- Negotiation or Trial: Based on the strength of the evidence and motions, your lawyer will advise on whether to negotiate for a reduced charge or proceed to trial to fight the allegations.
- Sentencing Mitigation: If a conviction occurs, presenting compelling mitigation evidence is crucial to argue for a sentence at the lower end of the guideline range.
Potential Penalties for a Conviction
In Virginia, possessing a sexual performance by a child is a Class 6 felony, punishable by 1 to 5 years in prison, or up to 12 months in jail and a fine up to $2,500. However, a conviction carries consequences far beyond incarceration.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possessing a Sexual Performance by a Child (First Offense) | Class 6 Felony | 1-5 years in prison (or up to 12 months jail) | Up to $2,500 | None directly | Mandatory registration on Virginia Sex Offender Registry; potential loss of professional licenses; immigration consequences for non-citizens. |
| Possessing a Sexual Performance by a Child (Subsequent Offense) | Class 5 Felony | 1-10 years in prison | Up to $2,500 | None directly | Enhanced mandatory registration requirements; severely limited housing and employment options. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Defending Serious Sex Crimes
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined experience to defending clients against the most serious allegations. Our firm’s founding attorney, Mr. Sris, is a former prosecutor who understands the tactics used by the state. For charges involving possessing a sexual performance by a child, our team includes attorney Matthew Greene. Mr. Greene has over 30 years of legal experience, including former certification for death penalty cases and a 14-year contract providing legal services for Child Protective Services in Alexandria, giving him unique insight into cases involving minors and complex evidence.
Case Results and Client Advocacy
While every case is unique, our approach is focused on achieving the best possible outcome. We meticulously review all evidence, consult with experienced witnesses, and develop a strategic defense case-specific to the specifics of your case. Our goal is to protect your freedom, your reputation, and your future from the lifelong consequences of a conviction for possessing a sexual performance by a child.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Virginia Charges
Law Offices Of SRIS, P.C.
Available for clients across Virginia
Toll-Free: (888) 437-7747
24/7 phone consultations — meetings by appointment only.
Facing charges for possessing a sexual performance by a child requires immediate action from a skilled criminal charges defense team. We offer 24/7 phone consultations to begin building your defense. Contact us to schedule a confidential appointment.
Frequently Asked Questions (FAQ)
What does “sexual performance” mean under Virginia law?
It depends. The term broadly includes any play, dance, film, photograph, or other visual representation where a child under 18 is engaged in actual or simulated sexual conduct. The definition is not limited to commercially produced material and can include privately created videos or images.
Can I go to jail for just possessing this material, even if I didn’t create it?
Yes. Va. Code § 18.2-374.1:1 criminalizes the knowing possession alone. You do not need to have created or distributed the material to be charged with a felony. The prosecution must prove you knowingly had control over the files.
What are the main defenses to this charge?
Common defenses include challenging the knowledge element (you didn’t know the files were there), lack of possession, an illegal search and seizure that violates the Fourth Amendment, or flaws in the forensic analysis of the digital evidence. A criminal attorney will identify the strongest defense for your situation.
Is registration as a sex offender mandatory if I am convicted?
Yes. A conviction under Va. Code § 18.2-374.1:1 carries a mandatory requirement to register on the Virginia Sex Offender and Crimes Against Minors Registry. The length and tier of registration depend on the specifics of the offense and your criminal history.
Why do I need a lawyer who specializes in sex crimes?
These cases involve complex digital evidence, severe mandatory penalties, and significant social stigma. A attorney understands the forensic technicalities, the strategies of the special victims prosecutors, and the mitigation needed to fight for your future, making them essential for your criminal charges defense.
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Page Last verified: April 2026. Laws change frequently. For the most current information regarding charges for possessing a sexual performance by a child in Virginia, contact the Law Offices Of SRIS, P.C. for a confidential consultation.