If you are facing child pornography charges in Virginia, your whole life is at stake. It is not only the possibility of a conviction or jail time, but one of the most frightening thing is the entry of your name in the sex offender registry. Therefore, it is essential to learn and understand the penalties and consequences of a conviction for kiddie porn.
Virginia child pornography laws spell out three separate felony charges where child pornography is concerned. The production, possession, and distribution of child pornography are each charged separately. If you possess pornographic images of children they you will have to face the harshest of convictions.
Virginia child pornography laws make it illegal to produce child pornography. This includes engaging or allowing anyone under the age of 18 in the production of any visual representation that portrays the minor being involved in any sadomasochistic abuse or sexual conduct, or if a person consciously takes part in making of child pornography in Virginia. You may also be convicted of Virginia child pornography if you are willingly financing or attempting to finance the production.
Virginia child pornography laws forbid the possession of any visual representation of a minor child engaging in sadomasochistic abuse or sexual conduct. If you are knowingly in possession of child pornography, it will amount to guilty of a class 6 felony in Virginia.
Virginia kiddie porn laws prohibit the distribution of child pornography. If you knowingly distribute child pornography or reproduce, sell, give away and electronically transmit child pornography, it will lead to a conviction. In Virginia, if you intentionally operate a paid website featuring kiddie porn it means you are committing a class 4 felony. This includes distributing and reproducing juvenile pornography in Virginia with the intention to sell, give away or display it. Further, it is an offense if you command or try to persuade another person to distribute kiddie porn. This may be done in order to gain access into a certain group, association or assembly of people who share kiddie porn with each other. Punishment for this offense shall be a minimum of 60 months and a maximum of 240 months of imprisonment. Any person who commits a second or subsequent violation may be punished by a mandatory minimum prison sentence of 5 years and a maximum prison term of up to 20 yrs.
Any person violating this section, when the subject is under the age of 15, may face a conviction of a minimum 5-year prison sentence and a maximum of 30 years. The prison sentence shall differ if the person committing the crime is at least 7 years older than the subject of kiddie porn. In such cases, the convicted will serve a mandatory minimum 5-year prison sentence and it may go up to 30 years depending on the nature of the case.
Any person who violates this section when the subject is above 15 years but under 18 years at the time, may face a conviction of a minimum of 1-year imprisonment and a maximum of 20 years. But if accused is at least 7 years older than the subject of kiddie porn, they will have to serve a mandatory minimum sentence of 3 years and may go up to a maximum of 30 years.
Under the Virginia kiddie porn laws, these laws do not apply to you if you have a reasonable cause for the possession or distribution of the prohibited juvenile porn materials such as using it for any scientific, educational, governmental, artistic or news purpose. In such cases, you shall not be subject to these punishments and shall not be convicted for kiddie porn in Virginia.
Mr. Sris is a highly skilled sex crimes lawyer. He is licensed in Virginia, Maryland, and DC. He has defended numerous clients before the state courts of Virginia and Maryland. He has also defended these cases before the Federal Courts.