Possession Child Pornography Virginia Lawyer Child Pornography Fairfax
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It is illegal if a person possesses, produces, and/or distributes any type of child pornography, as stated by the Virginia code § 18.2-374.1:1. If someone possesses any type of child pornography, then he/she will be issued a class six felony. However, if the second offense of Virginia possession of child pornography is committed by an offender, then he/she will be charged with a class five felony of possession of child pornography in Virginia. Moreover, if a person operates a website that has or possesses child pornography, then the offender would be convicted of a class four felony in Virginia. Finally, it is a class three felony in Virginia for person to share or distribute any type of child pornography.
Exceptions to Child Pornography Possession in Virginia:
While possession of child pornography is illegal in Virginia, but there are some exceptions. Some of these exceptions are if the illicit images of a minor was possessed by a judge that is handling a possession of child pornography in Virginia, or if the possessed images were kept for scientific or medical reasons, and/or if the possession of the images was by a psychologist, lawyer, physician and/or by anyone who is law enforcement.
Child pornography on a computer and/or any other electronic device in Virginia:
If an offender is convicted of possessing any type of child pornography in VA that might be saved and stored on his/her computer or laptop, then it is much easier to provide strong proof for his/her conviction.
On the other hand, if the offender is said to have a couple of pictures on his/her computer’s internet cache, it will be much more difficult to provide strong proof. This is because the images could have popped up randomly while the offender was using the internet on his/her computer and he/she did not intend on them showing up. These images would be saved on the offender’s computer, which could convict him/her of possession of child pornography in Virginia.
Child pornography on a computer and/or any other electronic device in Virginia:
Any dominion of illicit images of a minor would issue the offender to a jail sentence of 12 months or one year to five years. Also, the offender could pay a fee of maximum $2500. However, if the offender makes a second offense of having kiddie porn, then he/she would be subject to a jail sentence that is not less than one year or 12 months and not more than ten years. The same sentence as the first offense could be issued to the offender by the jury or judge in Virginia. Furthermore, if an offender operates any website that contains child pornography, then he/she could pay a fine up to $100,000 and/or could be subject to jail sentence not under than two years and not more than ten years. However, if a person shares or distributes any type of child pornography, then he/she would be subject to jail sentence up to 20 years, and if the offender is convicted of a second offense of sharing child pornography, he/she would need to be subject to at least five years in jail and it could increase to 20 years.
If you need a Virginia Possession of Child Pornography Lawyer to help you with your Possession of Child Pornography case in Virginia, call us at 888-437-7747. Our Virginia possession of kiddie porn attorneys can help you.
If you have been accused of a computer sex crime in Virginia, then contact Mr. Sris at our Fairfax Office immediately for help. In addition to being a highly experienced sex crimes lawyer, he also has 6 IT certifications. This combination of skills makes him a highly valuable ally in building your defense. Mr. Sris frequently defends clients charged with possession/receipt/distribution.
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